Has My Brother Wronged Me by Taking All Our Ancestral Property?
Hanafi Fiqh
Answered by Shaykh Abdul-Rahim Reasat
Question
My grandfather left his house to me and my brother. Also, my mother owned some land before she passed away. My brother has taken possession of them and won’t give them to me. Do I have any right to them as a daughter?
Answer
I pray you are well.
Do I Have a Right to the Properties Left to Me?
Yes, you have a God-given right to them. Based on the details you gave, you are entitled to a third of the land, and half of the house.
This is because you inherited the land from your mother, as it was her property when she died, and therefore, the normal division of inheritance would be applied here. The house was given to both of you during your grandfather’s life, and it would appear that he wanted you to own an equal share. Therefore, you own half of it. [Siraji, al-Sirajiyya; Maydani, al Lubab]
Has My Brother Wronged Me By Taking Them?
Yes. Your brother may have been in possession of the properties, but it was a trust. He has no right to what you inherited and what was given to you. If he does not repent and give you what is yours, he is liable to be punished by Allah.
Right after mentioning how inheritance is to be distributed, Allah Most High said, “Whoever disobeys Allah and His Messenger, and transgresses the limits He has set, (Allah) will enter him into a terrible fire, and long will he remain in it all alone. He will have a humiliating punishment.” [Quran, 4:14]
How to Get Your Right Back
I advise you to turn to Allah and ask Him to help you get your right back. This is in your best interest and also your brother’s best interest. Allah can do anything.
Then, you should try to get some trustworthy people who he knows and looks up to involved. Maybe the imam of the mosque he prays in. Get them to explain the gravity of the matter to him, and to persuade him to save himself from the Hellfire by giving you what you are owed.
It may come to legal proceedings, but Allah will be with you. Allah does not like injustice, nor does he support it. Pray your brother returns what belongs to you in this life.
No matter how things unfold, remember, this life is temporary. We’re just passing through, though we tend to think we’re settled here. When the next life comes, no injustice will be left unaddressed.
May Allah facilitate all matters for you.
[Shaykh] Abdul-Rahim
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History, he moved to Damascus in 2007, where, for 18 months, he studied with many erudite scholars. In late 2008, he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital, and he was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.
