Dispute regarding land ownership.

Fatwa ID: 02856

Answered by:  Aalimah Sabrina Saidova​

Question:

Assalamu Alaikum Wa Rahmatullah

May I know about lost ownership of land. A man bought land 90 years ago. After buying, he did nothing and he didn't tell anything about that land to his family. His family members even didn't know the location of that land.

 He went to another country and died. After his death, A few years later that land became lost and illegal and government acquired and owned and using it. They deleted owner records from many offices. So the owner family regarded as a completely lost thing.

When the owner died, we know how to give his legal properties to inheritors by Islamic Law. But we don't know about lost and illegal properties. How about fatwa for that kind of lost many years ago illegal ownership land?

If anyone or one of his grandsons or daughters tried to get back land or money from the government . How about fatwa for that kind of compensation or land?  Islamic Law in Assets mean Legal Ownership? Which means legally can give legally can sell, and can live? How about fatwa for lost illegal ownership properties?

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

             

In the name of ALLAH the Most Gracious, the Most Merciful.

In order for the inheritors of the man to receive the land back or money from the government, they will need to provide evidence for their claim.

        Once it has been established that it undoubtedly belonged to their ancestor, and the government agrees to return it to them, they can consult an Islamic judge to distribute the land and goods according to the inheritance criteria.

        It must also be noted that depending on the nature of that land, there are instances in which the State is at liberty in granting the right of ownership to someone else, such as alienating a mawat land previously owned, then abandoned, to a qualified cultivator after the absence of three years on behalf of the owner.

                                       

Only Allah knows best

 

Answered by Aalimah Sabrina Saidova

Checked and approved Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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