Back to search
The question

Is it permissible to dispose of land inherited a hundred years ago, to which no one objects concerning its ownership, but there is no proof of its ancestors' ownership?

Share this answer

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

The fundamental principle is that inherited land belongs to the heirs unless there is evidence to the contrary. A Muslim's property is permissible and acquired through lawful means. If the heir does not know how their ancestors acquired the land, they are not obliged to investigate. Rather, it is presumed that they acquired it through a legitimate means, such as reclamation (iḥyāʾ), purchase, inheritance, or gift. However, if it is known that the land was not acquired through a legitimate means—for example, if the state unjustly confiscated it—then it is not permissible for the heir to benefit from it, and it must be returned to its rightful owners.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
78251
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.
Read the full ruling
Read the full answer on Ftawy