SHARIAsource

The Greek General Secretariat, Ministry of the Interior drafted a bill designed to prioritize Greek civil law over religious (namely Islamic) family law. This was due to concern about the rights of young Muslim minority women. However, the bill was never brought before the Greek Parliament.

This fatwā from Thrace, Greece asks "Can someone transfer movable and immovable property to one or some of his heirs through a will?"

English translation from Ottoman Turkish:

Can someone transfer movable and immovable property to one or some of his heirs through a will?

The answer:

Someone, under Sharia may not permissibly and rightfully transfer his property to his own heirs, even if his child is given notice, without the permission and acquiescence of all other heirs.

17 January 1986

Deputy Mufti of Komotini

(Seal and signature)

This is a power of attorney prepared by the Mufti of Gumulcine (Greece), dated 22 November 1961. It authorizes by the local governance board of Uysalli Village in Gumulcine the right to nominate someone who is a reputable Muslim. The document appoints Huseyin the son of Haci Hasan. The power of attorney concerns the movable and immovable property and especially the land owned by a certain person [name not legible]. The power of attorney gives the person to be nominated the authority to sell and collect rent form the property, as well as to sue or protect the property through all legal means.

Fatwa concerning the legality, from an Islamic law point, of a certain inheritance distribution, with heirs and beneficiaries and their shares named.  The answer provided by the Mufti of Gumulcine, dated 11 April 1946, is that the specified distribution is lawful under Islamic law.

This is a notice of donation to the Islamic Waqf in the area: 3700 liras, 14 Ottoman golden coins for the Waqf to purchase land from Ali and Aisha.  The donation also covers all expenses incurred in relation to making the contract of sale with Ali and Aisha.

Translated, this short fatwā reads as follows: 

Number: 42

Can either Muslim Refi’i or his wife give away their child to a Christian for adoption, regardless of whether the marriage is dissolved or not?

Answer: No, it is not allowed.

17 September 1987

Deputy Mufti of Komotini

 (Seal and signature)

A letter dated 23 December 1961, granting someone from the community, after his abilities to read the Qur'ān were tested at an examination, the responsibility of the mu'adhdhin (the one who recites the call to prayer). 

A letter, dated 31 December 1951, bestowing on someone, upon examination, the duty of khatīb, ie, one who reads the narration during Friday sermons and Eid prayers.

Translated, this fatwā reads as follows:

Number: 35

According to Islamic law, which of the spouses, who are separated because of incompatibility and by divorce, has the right to protect, educate and restrain their child?

Answer: According to Islam, the right to protect, educate and restrain these children belongs to the mother until the boy reaches the age of 7, and the girl 9.

See also in Kitab-ı Fıkhiyye.

23 November 1992 

Mufti of Komotini

(Seal and signature)

Translated, this fatwā reads:

Number: 11

Muhammed’s wife Hediye is deceased and would it be vaild to give 2 shares of the estate of the deceased to her son Sadık and one share to her daughter Ferişte in accordance with the science of farā'id?

Answer: It would be valid.

Would it be valid under the law to give one share of the land of the deceased Hediye to her daughter Ferişte and one share to her son Sadık?

Answer: It would be valid.

4 February 1980

(Seal and signature)

This fatwā concerns whether a Muslim can transfer movable and immovable property to one or some of his heirs through a will. The answer provided by the muftī is that the permission and acquiescence of all other heirs is required.