Fatwa ID: 08815

 

 

Written by Alimah Aisha Qureshi

 

Question:

I am contacting you for a very important matter about land distribution and my haqq of buying as my adjacent land.

Context:

 

I have four sisters, and I am the only brother. My sisters are very naive (get manipulated easily by people). My father died when we were small children. We came to UK after my father died. My mother bought land in Bangladesh after we came to UK, we were small. About 70 shotangsho (Bangladeshi measurement of land), near my maternal grandfather’s village. The land was bought in two halves. Half is only in my mother’s name, the other half is in my name and my mother’s name. I wanted my sisters to benefit as well as me.

 

Now that the land has become expensive, some people in our relatives have an interest in it for which they plotted and planned for many years about this land. I said to my mother to distribute the land how she desires amongst us siblings. Some people manipulated her to distribute, not how Islam says but how they think is suitable. Anyways, they distributed the land and gave me where they felt appropriate. Even though that is not suitable but I accepted it to avoid fitnah. The deceiving relatives instructed my mother to give land to my sisters as heba, which they know the benefits of. Mainly my uncle Mosharrof and cousin Abdul Odud.

Distribution method:

 

Land is long and narrow from east to west. The main road is on the east. They divided the land into six parts from the main road. There is a road allocated within the land for all of us to access our portions. First two parts (adjacent to the main road) for elder two sisters. The serial of distribution should be eldest first but the second sister has been given first as the land adjacent to the main road is more valuable, she is Abdul Odud’s brother’s wife so there is that benefit and then after the two sisters to the west for me, then very small space for my mother (this doesn’t make sense because this space is not big enough for a grave). After me and my mother, to the west are two parts for my two younger sisters. Which means, best parts elder two sister, that makes, my land adjacent to the elder sisters. 

Main issue:

 

I went to Bangladesh after a while, and saw, that, the part adjacent to my land (given to my elder two sisters) have been improved (land made higher with mud and boundary laid). I enquired and found, without my knowledge, our maternal uncle, Shahi Miah (came to UK by the help of my mother, our family, and my aunties), he convinced my elder two sisters to sell their land adjacent to my land.

 

I objected to this and approached (direct and indirect) over fifty people to assist in this matter. I asked Ulamas, they suggested it is my right for first refusal to buy this from my sisters. I never wanted my sisters to make loss but if they sell then I told Abdul Odud (one of the main leaders and advisers in all these) that I will buy it. He gave excuses for not asking me, but that is pointless as I should have been in any circumstances informed as I always had the money for it. Even at this stage, prior to registering the land, I strongly made it clear that I must have that land. 

 

Unfortunately, nobody did anything, later one of the deceivers Zakir (Shahi’s nephew and lives near this land), who spoke nicely to me and said he doesn’t have anything to do with this. I later found he is a fraud, he got the power of attorney (middle person) and registered it in Shahi’s name.

 

They later stated that they want to make a madrasa in that space in the name of my late maternal grandmother but a few years back, when I said I might do a madrasa on this land, they said no need for a madrasa as there is one nearby. At present, there is not one but two almost adjacent to this land. When they said they wanted to do a madrasa in my grandmother’s name (Rukia women madrasa), regardless of all these fitnah, I informed them, that, I will like to be involved and also give my land for the cause but they didn’t consider this. The reality is, they are using this as a trick. My grandmother was a very pious woman, she needs a madrasa to be accepted by Allah. Especially when a madrasa starting process is like this. Allah knows best.

 

Present situation:

 

I offered to pay Shahi what he has paid to buy the land (he and his accomplishes manipulated my sisters and paid them a low amount) and also said I will pay the expenses. I also offered to pay some extra as compensation, even though I don’t believe it was right for him to buy the land in the first place. After all these discussions and efforts, Shahi came to Bangladesh and got it registered in his name.

 

I had no choice but to get the law involved. Lawyers said that according to haqqe shufa and country law, it is my right. I spent money and also involved police upon the (fraudster) Zakir as he said to me, he doesn’t know anything about this issue and later one day challenged me about not letting me have the land. I found on power of attorney documents that he was the middleman and creating this fitnah. The court process is ongoing. Please make dua.
We must answer to Allah for our actions. I don’t want fitnah but after many hurtful actions from them and keeping silent, also nobody came to help me upon Haq, then I will not let this end till I get my Haq.

Request for the fatwa:

 

Some of us are still not clearly understanding the law of Allah and who is right.
Kindly shed some light on the below;

1) Was it right for them to divide land without my consent? (I am one of the five siblings, and a quarter of the land is in my name). I accepted their division to avoid fitnah and to keep my mother happy but a third person buying it was not fair. At this stage we need to know the Islamic verdict.

2) Was it right for Shahi (3rd party) to buy it? Even after he knew my opinion, he came and registered it

3) People I requested help to avoid the fitnah, didn’t help. Was that sincere Muslim behaviour? Does Islam say not to help avoid fitnah? Is this helping worldly and unislamic? Can you be in interest/usuary when it suits you but act clean and pious.

4) Would a madrasa be permissible on that land in this circumstance?

 

In the name of Allah, the Most Gracious, the Most Merciful

 

 

Answer:

 

The estate of a deceased person must be divided among the heirs according to the shares which are prescribed in the Qur’an and Sunnah. This division should be done quickly after the death, and no heir has the right to decide the distribution without the consent of all heirs. In your case, since you are one of the rightful heirs with a share in the land, the division without your consent is not in accordance with Islamic principles.

 

If a co-owner or adjacent landowner intends to sell their share of property, the other co-owners or adjacent landowners have the right of first refusal. As you own adjacent land, you have the right to purchase the land before it is sold to an outsider.

 

In Islam, assisting a fellow Muslim in matters of justice and rights is a communal obligation Turning a blind eye to injustice or failing to support a rightful claim is discouraged.

 

Establishing a madrasa is a noble cause in Islam, especially when it serves to honour a pious individual like your grandmother. However, the legitimacy of establishing a madrasa on the land depends on the rightful ownership and the consent of all heirs. Since the land was distributed without your consent, and you have a rightful claim to it, establishing a madrasa on this land without resolving the ownership issue would be inappropriate. It is essential to first settle the matter of rightful ownership and ensure all heirs’ rights are respected before proceeding with such initiatives.

 

 

References:

 

قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏”‏ انْصُرْ أَخَاكَ ظَالِمًا أَوْ مَظْلُومًا ‏”‏‏.‏ قَالُوا يَا رَسُولَ اللَّهِ هَذَا نَنْصُرُهُ مَظْلُومًا، فَكَيْفَ نَنْصُرُهُ ظَالِمًا قَالَ ‏”‏ تَأْخُذُ فَوْقَ يَدَيْهِ ‏”‏‏.‏

Sahih al-Bukhari 2444

 

عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ ‏ “‏ لاَ يَقْبَلُ اللَّهُ عَزَّ وَجَلَّ صَدَقَةً مِنْ غُلُولٍ وَلاَ صَلاَةً بِغَيْرِ طُهُورٍ ‏”‏ 

Sunan Abi Dawud 59

 

 

Only Allah knows best.

Written by Alimah Aisha Qureshi

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham