Fatwa ID: 09392
Answered by Maulana Aabu Saeed Miah
Question:
Assalamu alaikum wa rahmatullahi wa barakatuh,
I pray you are well. I am seeking your guidance regarding a family property matter involving ownership and inheritance, as we wish to resolve the situation in full accordance with Islamic principles.
Background of the Property
Many years ago, our late father purchased a property through the Council’s Right-to-Buy scheme. The large discount (approximately 60%) was awarded based on my parents’ long-term tenancy, and this discount formed the main financial value of the purchase.
Although the mortgage and legal title were placed under one of my brothers’ names, this was not for the purpose of gifting ownership to him. Rather, at that time:
he was the only child old enough to obtain a mortgage,
another older brother already owned his home,
and our father himself could not take out a mortgage.
The arrangement was handled through our eldest brother, and it was always understood by the family that the house belonged to our father. Using one son’s name was purely for administrative convenience — not a hiba (gift).
Father’s Intention and Later Events
Throughout his life, our father consistently stated that the property was his.
There was never any verbal or written agreement that the son listed on the mortgage would be the owner or entitled to more than his Islamic share.
Later, our father requested that this son remove his name from the mortgage so that the property could remain under his full control. My brother refused.
Because of this, our father later expressed that he wanted the property transferred into my name instead, but I declined in order to avoid family tension and misunderstanding.
At times, our father expressed worry that the son named on the mortgage might one day claim the entire property and not distribute it fairly. This clearly indicates that he never intended ownership to be transferred to him.
Financial Contributions
Although my brother paid the mortgage instalments, the main financial value came from the Right-to-Buy discount — a benefit belonging to my parents, not to him.
Over the years, family members, including our father, contributed towards service charges and repairs. The home was always treated as a shared family property, not the personal asset of one child.
Previous Mediation and Key Points Raised
We previously consulted a local imam who mediated the matter. During the mediation, he asked my brother several important questions:
1. “Without your father’s Right-to-Buy discount, would you have been able to purchase this property?”
My brother answered: No.
2. “Could you have bought a house on the open market for around £21,000 at that time?”
My brother answered: No.
3. “If your father had not informed you about the council purchase, would you have been able to buy it yourself?”
Again, he answered: No.
4. The imam also noted that my brother was not the main tenant, meaning he had no independent right to access the scheme or the discount.
5. The imam then explained clearly that in this situation, the son effectively bought the house on behalf of his father, using the Right-to-Buy benefit that belonged to the parents — and that there was never any agreement that this son would receive a larger share or sole ownership.
Based on these points, the imam concluded that the property should be regarded as the father’s wealth and therefore part of the Islamic estate. He encouraged my brother to distribute it accordingly. My brother refused to accept this ruling.
Attempts to Resolve the Matter
Since our father’s passing, the brother whose name is on the mortgage is claiming full ownership and refuses to discuss the matter amicably.
We are now seeking an independent and authoritative scholarly ruling so the matter can be resolved with justice and clarity.
What We Seek Islamic Guidance On
We respectfully request your advice on the following:
1. Who is the true owner in Islamic law when a property is placed under a child’s name only for administrative reasons, while the father’s intention was always that the property belonged to him?
2. Does the father’s repeated statement that the house was his — and his later request to remove his son’s name — show that no hiba (gift) ever took place?
3. Should the house be considered part of the father’s estate and therefore distributed according to Islamic inheritance shares?
4. How should the Right-to-Buy discount, which formed the majority of the property’s value, be classified in Islamic law, given that it arose solely from my parents’ tenancy?
5. Are there established fiqh precedents regarding properties placed in a child’s name temporarily, without intention to transfer ownership?
Our sincere intention is to resolve this matter fairly and in full accordance with Shariah. Your guidance would be greatly appreciated.
JazakAllahu khairan for your time and consideration.
Please let me know if any further details are required.
Kind regards
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
وَلَا تَأْكُلُوٓا۟ أَمْوَٰلَكُم بَيْنَكُم بِٱلْبَـٰطِلِ وَتُدْلُوا۟ بِهَآ إِلَى ٱلْحُكَّامِ لِتَأْكُلُوا۟ فَرِيقًۭا مِّنْ أَمْوَٰلِ ٱلنَّاسِ بِٱلْإِثْمِ وَأَنتُمْ تَعْلَمُونَ ١٨٨
“Do not consume one another’s wealth unjustly, nor deliberately bribe authorities in order to devour a portion of others’ property, knowing that it is a sin.” [2:188] [1]
The right-to-buy scheme, a discount provided to your father as you stated, is like a gift to your father from the council when purchasing the property. Therefore, the discounted share/value of the home will be the property of your father and will be included as his estate. The remaining share which your brother purchased and paid for will be his property, as he paid for it. [2]
It is correct to say that the entire property was under one name for administrative purposes, but it doesn’t dismiss the fact that the remaining portion bought with the mortgage will belong to the one who paid for it. As your father requested that the name of ownership be changed, it is evident that no gift/Hiba took place. Therefore, it will be impermissible for your brother to claim full ownership of the property.
Only Allah ﷻ knows best.
Written by Maulana Aabu Saeed Miah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
وَلَا تَأْكُلُوٓا۟ أَمْوَٰلَكُم بَيْنَكُم بِٱلْبَـٰطِلِ وَتُدْلُوا۟ بِهَآ إِلَى ٱلْحُكَّامِ لِتَأْكُلُوا۟ فَرِيقًۭا مِّنْ أَمْوَٰلِ ٱلنَّاسِ بِٱلْإِثْمِ وَأَنتُمْ تَعْلَمُونَ
Qur’an [2:188]
[2]
الأمور بمقاصدها
الشرح : أي إن الحكم الذي يترتب على فعل المكلف ينظر فيه إلى مقصده فعلى حسبه يترتب الحكم تملكا وعدمه، ثوابا وعدمه، عقابا وعدمه، مؤاخذة وعدمها، ضمانا وعدمه…
العبرة في العقود للمقاصد والمعاني لا للألفاظ والمباني
Qawaa’id Fiqhiyyah, 3rd ed., 1989 (pgs.12 & 14, Darul Tirmizi)