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Search Fatawaa


Subject : It isn`t Permissible Divide the Property of the Interdicted Person among the Heirs

Fatwa Number : 567

Date : 23-03-2010

Classified : Foreclosure and Bankruptcy

Fatwa Type : Search Fatawaa


Question :

My father is sick and I think that he falls within the category of those whose actions aren`t recorded since he suffers from cerebral atrophy and has sustained several strokes. Nevertheless, he is still alive and has granted me a general power of attorney. When he got sick for the first time, I sold his house and bought him another next to mine. The rest of his money are either deposited in  banks or invested in different projects. Recently, I have sold a plot of land in the West Bank. I did so because it would be difficult to prove that it is his in case he passed away. All my brothers know about this for we have agreed to divide its price amongst all the heirs. Is it permissible to do the latter while our father is still alive?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

When a human being gets sick to the extent that he/she is unable to spend his/her money in the correct form, then it is the duty of those in charge of him to ask the judge to put him/her under interdiction. On his part, the judge appoints a guardian for this person and by doing so the general power of attorney gets cancelled because acting on behalf of the interdicted becomes the right of the guardian.

As for dividing the property of the interdicted amongst his heirs, this isn`t permissible so long as he is alive and no portion of it may be taken save in accordance with the teachings of Sharia. And Allah the Almighty knows best.




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