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?
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.
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- Ftawy
- Original fatwa ID
- 78251
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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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