Right to Property

Question: If one builds on a property, does one have the right to use the property?

Answer:

Wa alaykum assalam wa rahmatullahi wa barakatuh,

Dear questioner,

Thank you for your important question.

Promising to give/transfer property to someone else is not legally binding, but one will be responsible for breaking one’s promise on the Day of Judgment (Hashiyat Qalyubi; Iltimas al Sad, Sakhawi).

Furthermore, a promise to transfer ownership is a gift contract (hiba), and a gift contract is only binding once physical or legal possession (qabd) has taken place (Minhaj al Talibin, Nawawi). As such, you do not own the land by the mere fact that your brother promised to give it to you or your father.

As for building on the property, your use and your father’s use of the land was a loan of usufruct (ariyya) and your older brother can revoke that right whenever he chooses. That said, he must either buy your houses from you that you built or demolish them and pay you compensation (Rawda al Talibin, Nawawi).

If you cannot agree to a settlement, you have to take the issue to court.

I pray this helps.

[Ustadh] Farid

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language