What is the Shariah ruling on delivering a trust (amana), and is a sister entitled to demand the land her brother bought, or its current value, and what is the brother's position regarding this?
If the father took the money, which was jointly owned by him and his sister, to safeguard and grow it, then the profit is distributed based on the capital after deducting the worker's wage. However, if he took it as a trust and traded with it without his sister's permission, he is considered an encroacher (transgressor) and guarantees the capital. Regarding the profit generated from this encroachment, the Malikis hold that the entire profit belongs to the encroacher, while others believe it follows the capital.
The here is that the profit should be shared between the encroacher and the capital, as it is a result of both combined. Therefore, the father should take half of the profit for himself or a percentage of it, and distribute the remainder according to the capital. The sister then receives her share of the profit after the father has taken his right as a worker. It is advised to fear Allah and resort to the court in case of dispute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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