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Fatwa CenterHow to compensate for a piece of land seized illegally
Question
Assalamu Alaikum, Main Scenario 40 years ago in 1968, a person buys an 80 perches of land out of the total 180 perches and upon trustworthy he asks his wife’s elder brother to register the deed on his wife’s name and has given the authority of responsibility of the land to him. Upon his wife brother’s request the person who bought the land had permitted the wife brother’s friend to look after the land and earn the income of rubber and cocoa from the land due to his insufficient income. When the buyer had inquired about the deed of register from his brother in law he has refused to show it many times saying different reasons. Later (in 1972) the person who bought the land got to know from his brother in law’s friend (who was earning the income from the land) that the brother in law had sold the land without the consent of who gave him the authority of responsibility. When the buyer and his wife had inquired about this from the relevant person they were neglected and mistreated and he has told that he will make amends when the time is through. (in 1982) The person who bought the land has 5 children’s and was passed away in 1997, until that or till now, no moves or talks took place from the person (brother in law) who owes to recompense. Current Scenario One of the oppressed children has come forward now ask his parent’s rights and to compensate with 80 perches of land in an appropriate place where it was sold or Rs.300, 000 per perch (not the current market value) from his uncle and has intuited him quoting the rulings of “Ghasb” (seize something wrongfully) from the means of authentic sources for his review under the link on http://www.islam-qa.com/en/ref/10323, via e-mail by witnessing his other uncles, his sibling and for children’s of the uncle who sold the land. According to the main scenario how the inheritance should get compensated from his/her uncle for the 80 perches of land? Jazakallah Khairan.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
Undoubtedly, the uncle has committed an evil act when he betrayed the trust given to him. As far as the value of compensation is concerned, we see that the sale of the land is invalid, because the uncle indeed sold what he did not own, and it becomes incumbent upon him to return the same land he had taken, or, in case it is impossible for him to return it, to give you a compensation for the land according to its current market value. It is not sufficient to repay the same price at which he sold the land. Nevertheless, should the heirs come to terms with him on an agreement different from what we have mentioned above, which would please all parties, then it is good, since the Prophet, sallallaahu ‘alayhi wa sallam, said: "Reconciliation is permissible among Muslims save that which makes lawful what is unlawful, or makes unlawful what is lawful…" [Ahmad, Abu Daawood and Al-Haakim]
Finally, that uncle should fear Allaah The Almighty, and know that a single dip in Hell would make one forget all worldly pleasures, even if he was the most delighted in this life; and that treachery is a cause of shame in the World and Hereafter.
Allaah Knows best.
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