Is it permissible for a family to remain on disputed land after the implementation of the agricultural reform law, taking into consideration the family's long history on the land and the effort and money it has invested in it, and is selling part of the land permissible or forbidden, and what about the price that must be paid to the new owner?
If the agrarian reform law transfers land ownership to the worker without the owner's consent, or extends a lease for a period the owner does not agree to, then it violates Islamic law, which prohibits devouring people's wealth unjustly. Usurped land remains the property of its original owner, and the actions of the usurpers are null and void. The one to whom the land has devolved must return it to the owner. The usurper is not compensated for what they spent on it, and they must return it and pay the value of its usufruct for the entire duration of the usurpation. The usurper's sale of the land is void, but if the owner (the usurped party) ratifies it, there are two opinions. If the owner ratifies the sale, the price must be paid to them, and whoever knows the whereabouts of the price must take it and pay it to the owner.
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- Original fatwa ID
- 86223
- Imported
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- Source text, unreviewed
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