Involving his sister’s name in his property which he shared with his parents
6-3-2008 | IslamWeb
Question:
Assalamualeikum, I have a question that is troubling my husband and myself.......My husband n my nand are two children of their parents..... 1 year ago,by d whole family wish,my inlaws' home that was in my mother-in-law's name,was sold in 14 lakhs......n we booked a new home in my hubby's name that costs 45 lakhs....so my hubby took a loan for d remaining amount....n he has to pay d instalments for 18 years so tht we will have that house in ouir own name.... at d time of loan my(wife) name was also mentioned in d loan....all was going well.... but now at d time of registry,my father in law is asking my hubby to involve my NAND'S (she is d only sister) name in brother's property....is it right????WHILE at d time of new house booking there was no such idea that this type of issue will be raised at d time of registry.... and this is why we invested whole d 14 lakhs in our new house....... so d doubts that are coming in our mind are as follows :- 1.Is there any share of sister in brother's property? 2.As i know,she had d share in her parents' property.......so what will be her share that we have to pay. 3.Now when we have invested her share also,in our property,what is d fatwa n shariah rules to give back her share. As it is not sure whether she will get marry or not because she is already devorced,but have no child.So what shud be done?.She may create many problems in future n then nothing cud be done.So please suggest me something that is according to shariah n Allah .As i dont want to do any injustice with my inlaws n as well with myself too.I want to pay all my HAQUQ . So.please suggest me n pray for us too !!! Thank you ! Allah hafiz
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.
If you mean that the father and his son were co-partners in buying the home and then the father wanted to include his daughter in the co-partnership, then it is permissible for him to do this within his share but not in the share of his son except with his consent. The father has also no right to take from the money of his son in order to give it to another son. The following two matters should be mentioned:
1- If you and your husband had borrowed money with interest, or that he borrowed money with interest and you had encouraged him to do so, then both of you committed a great sin, because this is Riba (interest and/or usury) and it is forbidden. In this case, both of you should repent to Allaah.
2- If the father gives part of his share in the house to his daughter but not to his son, this means that he favoured her over her brother; this is Islamically not permissible unless there is a sound reason, like poverty or dire need, and the like, because favouring one child over others without a sound reason when gifting them is an injustice. A Prophetic narration regarding practicing justice when gifting children reads: “Fear Allaah and be just between your children.” [Al-Bukhari and Muslim]
Allaah Knows best.