How Do I Maintain a Property Transferred to Me but Controlled by My Father?
Answered by Mawlana Ilyas Patel
Question
My father transferred properties to me and my siblings but still controls decisions, leading to deterioration and legal issues. Under Hanafi law, what are our responsibilities for maintenance and obligations, and how should we balance this with our duty to obey him?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question. I understand your frustration with this situation. As it involves a disagreement with a parent, there isn’t a single solution. Everyone must come together respectfully, tactfully, and wisely to discuss the issue and reach a conclusion.
As it is the case of your father, you should all sit down and clear the matter of transfer and his intentions. You should then present your concerns and what the transfer entails in this way. Ideally, invite a local reliable scholar and sit down to come down with an amicable solution.
Persevere, Gradual Change will Come
The default behavior with one’s parents is respect, polite treatment, and silence if they are angry. Abu al-Darda (Allah be pleased with him) reported: The Messenger of Allah (Allah bless him and give him peace) said: The parent is the best of the gates of Paradise, so keep to this gate or lose it. [Ibn Maja]. Disagreements are natural and will arise in any normal family. In sha’ Allah, take each step; change will come gradually if you do it with respect and dignity.
I would like you to go through the valuable answers and links below. You will receive guidance and direction in sha’ Allah.
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
