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Is it permissible in Islamic law to demand the proceeds from apartments inherited by the questioner, given that some of the heirs refuse to give her share from them and use them for banquets and meetings, even though they say that proceeds are not permissible?

1 min readAlso available in العربية

There is a valid reason to claim usufruct, because the usurper guarantees the benefit of the usurped item, and the benefit of apartments is valuable property. Thus, it is guaranteed upon usurpation, like all other properties. Everything that customarily yields rent is guaranteed upon usurpation, according to the preponderant opinion.

If the usurped item was prepared for exploitation and was exploited, then the usurper's guarantee of its benefits is agreed upon by the four schools of thought. If it was not exploited but was prepared for exploitation, the majority guarantee its benefits.

Al-Nawawi said: "The benefit of a house, a slave, and the like is guaranteed upon deprivation and loss while in the hands of an aggressor." Al-Shirbini said: "The benefit of a house, a slave, and the like, from everything that has a benefit for which it is rented for use, is guaranteed by its customary rent."

Therefore, the questioner has the right to take the value of theptu apartment's rent from the time it was usurped until it is returned to her.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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