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Fatawaa

Subject : A Trust must be Delivered Back to its Owner
Fatwa Number : 433
Date : 03-01-2010
Classified : Deposit
Fatwa Type : Search Fatawaa

Question :

I have registered a piece of land in my sister`s name because I hold a two-year Jordanian passport and provided that she gives it back upon my request. When I asked her to deliver that land back to me, she refused although she had admitted that the land is mine and has been entrusted to her. She is stalling under the pretext that she wants a Fatwa in this regard. What is the ruling of Sharia on this?



The Answer :

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

 

Whoever has been entrusted with a piece of land, money or other property must give it back to whom it belongs upon the request of the latter and it is forbidden to delay that. 

Allah Says {What means}: "God doth command you to render back your Trusts to those to whom they are due; And when ye judge between man and man, that ye judge with justice: Verily how excellent is the teaching which He giveth you! For God is He Who heareth and seeth all things." {An-Nisa`, 58}.

In addition, 'Urwah bin Az-Zubair (May Allah be pleased with him) reported:

Arwa bint Aus brought a suit against Sa'id bin Zaid bin 'Amr bin Nufail (May Allah be pleased with him). She complained to Marwan bin Al-Hakam that he had wrongfully taken possession of a portion of her land. Sa'id said: "How can I take a portion out of her land while I have heard a denunciation from the Messenger of Allah (Peace be upon him)." Marwan asked him: "What did you hear from the Messenger of Allah?" He said: "I heard the Messenger of Allah (Peace be upon him) saying: 'He who takes a span of land unjustly will be made to wear seven earths round his neck on the Day of Ressurection'." Marwan said to him: "I don't seek proof from you after this." Sa'id supplicated: "O Allah! If she is a liar, deprive her of her eye sight and cause her to die in her land." 'Urwah said: "She did not die till she became blind. While she was walking in her land (concerning which the dispute arose) she fell down into a pit and died." [Al-Bukhari and Muslim]. And Allah The Almighty Knows Best.






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