When we came to Saudi Arabia 24 years ago, my father-in-law had the documents of the land. Since then my father-in-law and my 2 brothers-in-law with their families have been living in my husband’s house.
In between, my husband had asked for the documents but my father-in-law refused to give them to him. My husband financially helped his father and took his responsibilities sincerely.
Our problems started when my father-in-law passed away 3 years ago. Before his death, he manipulated the documents without our knowledge and gave half of the property to my youngest brother-in-law.
Now my brother-in-law claims my husband’s property. Kindly tell me what crimes that have been committed and guide me in the light of hadiths and Quran.
Answer
Wa `alaykum as-salamu wa rahmatullahi wa barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear sister, thank you for your question.
Regarding your question, your husband’s kindness and benevolence towards his parents and siblings are praiseworthy acts.
However, this doesn’t entitle the father to give his children anything he doesn’t own or without your husband’s permission.
In his response to your question, Prof. Dr. Monzer Kahf, Professor of Islamic Finance and Economics at Qatar Faculty of Islamic Studies, states:
In fact, I cannot tell you anything. If what you said in your question is correct, the property belongs to your husband and it is unlawful (haram) for the brothers.
But I would like also to think of it in another way after removing the strong words in your statement.
The fact that your husband helped his father and for all these long years did not force putting the property in his own name means that he may be in fact giving it to his father, then the father acted in what he thought was in the best interest of his family by putting part of it in the name of the son who may have helped him more or in more need of a shelter.
Moreover, it is really possible that your husband did not mind the father owning this property and the father then acted according to his own judgment at the time.
Legally (according to the Shari`ah), however, the property is owned by those who hold its title unless it is proven, with clear-cut evidence, that there was a fraud in the documents that transferred the title to the name that it carries.
Both the Shari`ah and common law cannot accept words of mouth for changing ownership of real estate properties.
Almighty Allah knows best.