Dividing Compensation When No Partnership Agreed

Fatwa ID: 03119

Answered by:  Alimah Nasima Umm Hamza​

Question:

May I know about unknown unclear transaction/ work. A person got inherited a land document after the death of parents but useless land contract neglected for many years. It is not known where it is. Parents didn't say anything. Land area is nearly two-acre, tried but failed two times and give up. That person told me about lost land and wanted to try, work and invest with me. So I agreed but we didn't make any contract and legal agreement. I took responsibility to search, I spent over one-year Finding two-acre land located in a township 36 square miles area. Very difficult and Finally I found.

Government occupied and invaders are there. So we together invest and work to make many legal actions in government offices to get back land or compensation. Win or Lost condition will happen. After four years, we won and the government agreed to give compensation not give the land. We have no problem each other and we never make injustice to each other If we get compensation for that land How we two can divide by right way of Islamic Law?

 

Answer:

In The Name Of Allah, The Most-Merciful, The Most Kind

 

Because you did not form a complete partnership, where you both agreed on the conditions, and the amount of gain each would make, the profit – or in this case the compensation for the land – will be split according to the amount of money each contributed to invest in the land. (Mukhtasar al-Qudoori, Tahir Mahmood Kiani Edition, p272-273)

So, if you both invested 50% in the land, then you will both take 50% each of the compensation.

 

Only Allah (SWT) knows best

Answered By Alimah Nasima Umm Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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