Should a Deceased Estate House Be Sold on the Open Market According to Islamic Law?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

In a deceased estate where the house is to be sold according to Islamic inheritance laws, should it be sold at the valuation provided by estate agents or at open market value, can an heir occupy the house before probate is finalized and be required to pay rent, and are the executors obligated to act on the instructions of all heirs in case of disagreements?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question.

The house can be sold through an estate agent or at an open market value, whichever the heirs agree on, and it can be offered at a high price. The shares will be distributed according to the Quranic apportioned distribution after funeral expenses, unpaid debts, including legal costs, and Islamic will (wasiyya) if any, made to non-heirs – which will not exceed one-third of the estate.

An heir can occupy the house with the other heirs’ permission. Given the difficulty in finding alternative arrangements in these sudden cases, everyone must agree and consider whether the occupant is an heir or a non-family member.

If an executor is appointed to distribute the deceased’s estate, he will ensure that all matters are considered and will address any disputes and disagreements that may arise.

[Ibn ‘Abidin, Radd al-Muhtar]

Sharia permits heirs to mutually agree on exchanging, swapping, and redistributing assets among themselves. If all heirs amicably agree to distribute the estate in a manner that differs from the Quranic outlined shares—based on their specific circumstances or needs—such an arrangement is acceptable, provided it meets certain conditions. This mutual agreement to redistribute the estate’s assets is known as Takharuj in Fiqh.

[‘Inaya, Sharh al-Hidaya with Fath al-Qadir]

I would advise you that despite this answer, you should consult a reliable, local scholar on the specifics of your situation and family details.

I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.

Related

Why not begin your search for knowledge by signing up for a course on SeekersAcademy (seekersguidance.org), like from the Islamic Studies Curriculum (seekersguidance.org), building your way up doing each course?

I pray this helps with your question.

Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

وَفِي جَوَازِ التَّخَارُجِ مَعَ جَهَالَةِ الْمُصَالَحِ عَنْهُ أَثَرُ عُثْمَانَ. وَهُوَ مَا رَوَى مُحَمَّدُ بْنُ الْحَسَنِ عَمَّنْ حَدَّثَهُ عَنْ عَمْرِو بْنِ دِينَارٍ أَنَّ إحْدَى نِسَاءِ عَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ  صَالَحُوهَا عَلَى ثَلَاثَةٍ وَثَمَانِينَ أَلْفًا عَلَى أَنْ أَخْرَجُوهَا مِنْ الْمِيرَاثِ وَهِيَ تُمَاضِرُ كَانَ طَلَّقَهَا فِي مَرَضِهِ فَاخْتَلَفَتْ الصَّحَابَةُ فِي مِيرَاثِهَا مِنْهُ، ثُمَّ صَالَحُوهَا عَلَى الشَّطْرِ وَكَانَتْ لَهُ أَرْبَعُ نِسْوَةٍ وَأَوْلَادٌ فَحَظُّهَا رُبْعُ الثُّمُنِ جُزْءٌ مِنْ اثْنَيْنِ وَثَلَاثِينَ جُزْءًا فَصَالَحُوهَا عَلَى نِصْفِ ذَلِكَ وَهُوَ جُزْءٌ مِنْ أَرْبَعَةٍ وَسِتِّينَ جُزْءًا وَأَخَذَتْ بِهَذَا الْحِسَابِ ثَلَاثَةً وَثَمَانِينَ أَلْفًا-

كتاب العناية شرح الهداية – بهامش فتح القدير ط الحلبي

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.