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In the Name of God بسم الله

Wife doesn't inherit from land/house of husband

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inocence

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Assalam o Alaikum 

I was reading Shia inheritance laws and found this. 

Issue 959: The wife inherits from all of the transferable property of her husband, she does not inherit from land or its value, whether it be a house or a garden or agricultural land or whatever is similar to that. Likewise, she does not inherit from real estate itself, like a building or trees. It is obligatory to appraise the real estate or trees, then, give her from its value.

I find it a bit confusing. She doesn't inherit from husband's land or its value. Then at the end its stated. It's obligatory to appraise the real estate and give her from its value. 

Can anyone collaborate. 

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Thats what I love about a country such as mine that creates the rule of law that supersedes all laws even religious laws if they discriminate against women. Such ambiguities in inheritance have a long history in my country from a cultural perspective and a religious perspective. But our Constitution adopted in 1996 states that the rule of law in South Africa is the only law and any law that violates against it is simply unconstitutional and void. That includes such ambiguities in Sharia law. I love Shia Islam, I believe in the primacy of Islam but where laws, based in the Holy Qu'ran or the Hadiths or whatever school of jurisprudence creates discrimination against women based on among other things inheritance then that law or laws is pure rubbish. I studied law, I understand ambiguities and this ambiguity stated in this Shia law in South Africa would not be entertained even by a Muslim judge. It would be thrown into the dustbin of history where it belongs. There is no basis, logically or rationally for in this time, 2019, there are still religious laws that discriminate against women or are so ambigious that one could infer discrimination. 

as a person who studied law, I can tell from the topic of this Shia inheritance law, that it was written to be vague and misleading so that whoever wishes to discriminate against the specific women concerned could exercise that right if he so wished. That is pure rubbish and that law or any such laws belong where the cows poop their dung.

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52 minutes ago, Gabenowa said:

That is pure rubbish and that law or any such laws belong where the cows poop their dung.

You should try and be a bit more respectful in the way you speak, it does not reflect nicely on your self dignity in my opinion.

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Inheritance.......

2:180.) When death approaches one of you, if a good (wealth) is going to be 
left, a bequest should be made to the parents or relatives. This is a duty 
upon those who wish to be protected!
181. And whoever alters (does not comply with the bequest) after hearing it, 
the fault is only upon the one who alters it. Certainly Allah is the Sami, the 
Aleem.

4:7. )There is a share for men of what parents and relatives leave behind (with death). There is also a share for women of what parents and relatives leave behind, be it little or much, this is a share decreed by Allah.
8. And if relatives, orphans and the needy (who aren’t entitled for any share 
in an inheritance) are present during the distribution, treat them with 
kindness and provide a small portion for them as well...
9. Let them be concerned by Allah just as they would feel concern for their 
dependent children, if they were to leave them behind. Let them fear Allah 
and boldly speak the truth.
10. Indeed, those who consume the properties of the orphans are only 
filling their bellies with fire! A blazing fire is where they will end up.
11. Allah instructs you regarding your children as follows: The share of the 
male is twice that of the female... But if there are more than two females 
(children) then leave for them two thirds of (the estate); if (the heir) is a 
single (female), then half of the estate is hers... If the testator leaves behind 
children (as well as parents), then for each parent one sixth of the estate 
should be given. If he has no children and his parents are his only 
inheritors, (in this case) the mother should be given one third and the father 
the remaining two thirds of the estate... If he leaves behind siblings, then 
the mother should be given one sixth of what remains after any bequest he 
may have made or any debt. You fathers and your sons... You cannot 
know which of them is more worthy of your estate. (This is why these are)
an obligation from Allah... Indeed, Allah is the Aleem, the Hakim.
12. (For the men) half of what your wives leave (inheritance) if they have no 
child is yours; but, if they have a child, one fourth of what remains after 
any bequest they may have made and debt they may have had... If (the 
men) have no children, then one fourth of what you leave behind is for 
your wives, but if you have children then one eighth
of what remains after 
your bequest and debt
... But if a man or woman leaves no ascendants or descendants, but has a brother or a sister, for each one is one sixth... If he has more (siblings) then they share one third of 
what remains after any will or debt... This (division) should not be detrimental... This is an ordinance from Allah... Allah is the Aleem, the Halim.

The wording of this verse (4:12) makes clear the will of Allah. This distribution decreed by our Lord covers any part of the estate over and above a will and after paying off any debts incurred by the deceased or the estate. Thus God tells us that in cases where we leave no will, He provides one for us.

8 hours ago, inocence said:

Issue 959: The wife inherits from all of the transferable property of her husband, she does not inherit from land or its value, whether it be a house or a garden or agricultural land or whatever is similar to that. Likewise, she does not inherit from real estate itself, like a building or trees. It is obligatory to appraise the real estate or trees, then, give her from its value.

 From which ayah of Qur'an they made this law ?

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