What is the ruling on removing co-ownership of land in which one of the partners owns a large share (nine-tenths) and the other a small share (one-tenth), and this one-tenth cannot be legally divided, and its owner refuses to sell it? Is it permissible, according to Islamic law, to compel him to sell it for a price determined by the state?

Division (of property) is of two types: compulsory division and consensual division. Compulsory division applies to property whose physical substance can be divided without detriment, such as large houses and lands. In this case, a reluctant partner is compelled to divide. Consensual division, however, applies to property whose physical substance cannot be divided except with detriment, such as small real estate properties. In this case, consent among the partners is necessary. If one of the partners requests a sale, the other is compelled to agree to it. If they refuse, the ruler sells the shared property and divides the price between them according to their shares. The ruler must sell at the market price.

As for laws that specify certain areas for division or compel a partner to sell their share to another partner: 1. If the area would not be benefited from, or its value would decrease upon division, then compulsory division is not permissible. If the partners desire division despite the detriment, there is no reason for the law to prevent it. 2. If the law compels the owner of the smaller share to sell to the owner of the larger share without consent, there is a difference of opinion on this matter. The preponderant view is that it should be sold to a third party, not to one of the partners. Some jurists permit selling it to one of the two partners with specific details. 3. If the price is determined by the state, it must be at the market price; otherwise, it would be an injustice to either the seller or the buyer.