Are the maternal uncles entitled to claim ownership of the apartment and the plot of land, and to share them with the young man, on the pretext of having raised him and of their shared living?
The expenditure that is not legally obligatory, if spent voluntarily and as a donation, then the one who spent it has no right to reclaim it. However, if it was spent with the intention of reclaiming it, then he has the right to reclaim it if he proves this with evidence or the admission of the defendant. Accordingly, the maternal uncles of the questioner have no right to demand the money they spent on him unless they claim that they spent it with the intention of reclaiming it from him. In that case, this intention must be proven with evidence, and the amount of money spent must be specified, provided that the questioner had reached puberty at the time of the expenditure. But if it was before puberty, then they have no right to reclaim the expenditure from him, because it would be considered a charitable act, especially if the questioner had no money, as is the case with an orphan who has no wealth.
As for the apartment that the questioner built on his maternal uncles' house, the matter depends on whether the permission to build was a gift of the roof or a loan for use. If it was a valid gift, then the apartment belongs to the questioner. But if it was a loan for use, then he is only entitled to the value of what he built, and scholars differ on how to estimate its value, whether it is standing or demolished.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 174440
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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