Distributing the property when some of the partners want to

Fatwa ID: 01239

Answered by Mufti Mohammed Tosir Miah

Question:

I would like the Shariah ruling on the following. we are five brothers, each with their own families. Together they own several properties and business's. the families have grown and one party (3 brothers) wants to seperate their business and property owning companies, the other party (2 brothers) do not want to dispose of their propertieswhilst they are prepared to seperate the business, they hold the view that Shariah permits them to keep their share of rentals.
Can the party (3 brothers) compel the other party (2 brothers) to sell their shares in certain properties and to equalize it in others.
The shares in all the companies are held by way of Trusts in their children’s name.

Answer:

Bismillah

 

 

In the name of Allah, the most Beneficent, the most Merciful.

With regards to the aforementioned situation, if any of the partners in the business or property desires it to be distributed, then it will be permissible to distribute the property even though the other partners do not want to.  The price of the properties will be calculated and the respective shares will be given to the partners. (Fatawa Rahimiyah p.279 v.10)

 

Only Allah Knows Best

 

Mohammed Tosir Miah

Darul Ifta Birmingham

 

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