Source: Fatāwā Rāshidiyyah, Page 647
What do the scholars of Dīn say regarding this matter:
Two brothers, Muḥammad Ṣiddīq and Muḥammad Ilyās, together acquired some property. From this joint property, additional property also came into existence. Now, each brother claims that whatever is in his possession belongs solely to him. According to Sharīʿah, is such a division valid or not?
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must be understood that all of this property is the joint ownership of both brothers. Therefore, the entire property—whether movable or immovable—must be divided into two equal parts, and each brother will receive one part.
ھذا ما عندی واللہ اعلم بالصواب
❖ Question
What do the scholars of Dīn say regarding this matter:
Two brothers, Muḥammad Ṣiddīq and Muḥammad Ilyās, together acquired some property. From this joint property, additional property also came into existence. Now, each brother claims that whatever is in his possession belongs solely to him. According to Sharīʿah, is such a division valid or not?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must be understood that all of this property is the joint ownership of both brothers. Therefore, the entire property—whether movable or immovable—must be divided into two equal parts, and each brother will receive one part.
ھذا ما عندی واللہ اعلم بالصواب
