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The question

What is the ruling of Sharia on the case of forced partition being considered before the court, in which the questioner is one of the parties, and which involves the compulsory sale of the partners' shares, especially since the Ministry of Awqaf is among the partners, and the price of the land will be deposited in a usurious bank? And what is the ruling on one of the partners not taking his share if it is small? And is the client obligated to dedicate a portion of the land as waqf after the case concludes?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Real estate can be sold to partners if its division is not possible under specific conditions. If there are no courts, one can refer to the people of authority (Ahl al-Hall wal-'Aqd) or scholars. If that is not possible, there is no harm in resorting to legal courts to obtain one's right and prevent harm.

If it becomes clear that the agency causes injustice to others, then one must refrain from it. The fact that one of the partners is the Ministry of Endowments or another entity does not prevent the removal of injustice. If the endowment is not benefiting anyone, it is permissible to transfer it or sell it and use its price for something similar.

If some partners refuse to take their share of the price, there is no sin upon those who request division. The court's preservation of the partners' right in an interest-bearing account does not prevent a request for division.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
163841
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy