To take control of estate

CategoriesInheritance [103]

 

To take control of another’s estate

 

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

 

Answer

 

If Zaids father Amr had given his house to Bakr as a gift then there is nothing wrong with the ownership of Bakr over the house. (Fatawa Rahimiyah p.296 v.10)

 

Giving a gift to a fellow Muslim is not only permissible but also recommended. Saaiduna Abu Hurarirah Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam said; “Exchange gifts so that you may love one another.” (Sahih Bukhari)

 

Futhermore, in another hadith the Prophet of Allah Sallallahu Alahi Wasalam said; “Do not underestimate the significance of a neighbour’s gift to her neighbour, even if it is only a sheep’s foot.” (Sahih Bukhari p.349 v.1)

 

Therefore, if Amr had given the house to Bakr as a gift then there is nothing wrong with it. However, if he by force took the property then that is unlawful. This in the Shariah is called ghasb.

 

Ghasb, in its literal sense, means to forcibly take a thing from another. In the Sharee terminology it means the taking of a property of another, which is valuable and sacred, without the consent of the owner in such a manner to destroy the owner’s possession of it. (Hidayah p.372 v.3)

 

Another unlawful act done by the uncle is to make everyone assume he is the real father of Zaid. The Holy Quran quite categorically states that if a person is not someone’s real son, he does not become his natural son merely by virtue of a declaration.

 

Allah (SWA) in the Holy Quran says:

 

“…Nor has he made your adopted sons your (real) sons, that is simply a saying of your mouths but Allah speaks the truth, and He guides you to the (right way). Call them by names of their fathers that is more just in the sight of Allah. But if you do not know their fathers, they are your brothers in faith and your wards…” (Surah Ahzaab v.4)

 

Futhermore, by assuming a child as his own, the rightful and deserving heirs of the property of a man are deprived of their shares. Hence Islam has made it forbidden for a father to deprive his natural children of the inheritance.

 

The Prophet of Allah Sallallahu Alahi Wasalam has said; If anyone flees (plans devices to avoid the payment of) the inheritance, Allah will forfeit his inheritance of paradise on the Day of Judgement.” (Sunan Ibn Majah)

 

Only Allah Knows Best

 

Mohammed Tosir Miah

 

Darul Ifta Birmingham

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