Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Aslam o alkom

 

My question is that my grandfather had put some property in my name when i was a child ... ( he had alot and because of tax he put it on children and grand children`s names). At my marriage time he removed it from my name ( i signed it back) However there was some that he did not take back from me. Years passed and he never mentioned anything, after his death also no one said anything as it was disputed land and no one wanted to deal with that. They were all ( 3 brother and 2 sisters) fighting on they good lands (problem free) the 3 brothers (my uncles) would not give their sisters land there was lots of fighting , many cases... lots of money involved on my mothers part for the cases, some they won but still didn’t get alot of money and some they r still fighting for ....now recently everyones attention has come to the property that was in my name ....my mother feels i should not tell my husband about it and that if we win i should give the money to her as it was her father and its because of her that its in my name, i dont know what to do ... on one side its husband and then there is my mother .... in Islam both hold very high places, i would like the money as i have grown up kids and can get some property for myself that my children will benefit. But at the same time i dont want my mother to get upset. Please guide me towards the right. Thank you. (P.S. do not print my name)

 

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Answer:

 

Grandfather property money

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 29:

29      O ye who believe! Eat not up your property among yourselves in vanities: but let there be amongst you traffic and trade by mutual good-will.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 58: Allah doth command you to render back your trusts to those to whom they are due; and when ye judge between man and man that ye judge with justice:  Verily,  how excellent is the teaching which He giveth you!  for Allah is He who heareth and seeth all things.

 

Abu Hurayrah said that the Prophet (saws)  said: "If anyone takes other people's money with the intention to repay it and then he or she should die without settling the debt, Allah will pay the debt on his behalf.   And if anyone takes money or property (of others) with the intention of destroying it,  Allah will destroy him."

(Related by Bukhari)

  

Sahih Muslim Hadith 6251     Narrated by Abu Hurayrah

The Messenger of Allah (saws) said: “Do you know who is a ‘muflis’?”  They (the Companions of the Prophet) said:  “A poor man amongst us is one who has neither dirham with him nor wealth.”   The Prophet (saws) said:  “The ‘muflis’ (ardently poor) of my Ummah would be he who would come on the Day of Resurrection with prayers,  and fasts,  and Zakat but (he would find himself bankrupt on that day as he would have exhausted his funds of virtues) since he hurled abuses upon others,  brought calumny against others,  and unlawfully consumed the wealth of others,  and shed the blood of others,  and beat others, and his virtues would be credited to the account of one (who suffered at his hand).  And if his good deeds fall short to clear the account,  then the sins of the one who suffered at his hands would be entered in (his account),  and he would be thrown in the Hell-Fire.”

 

Sister if your grandfather has not specifically gifted you the property in your name but only used your name for legal purposes, then as per the Shariah law you are not the rightful owner of the same.

 

If your mother feels she did not receive her (haq) rightful share of her father's property then you can initiate a meeting with your uncles and aunts and along with your mother try to make them understand and if they agree then you can give the property that is in your name to your mother. If the amount is more she should return the balance to her siblings.

 

As per Islamic law you should not take the property even though legally it is in your name. It belongs to the heirs of your grandfather.

 

This is the right way according to Shariah. You do not want to be held responsible for devouring other people's rights in the presence of your Majestic Lord on that inevitable day. You can however request your mother for an amount you require if she gets the property after consultation with her siblings.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is only ones. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

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