What is the correct Islamic ruling regarding a sister who has built a dwelling on an inherited property, where one of the heirs believes she does not have the right to build on the entire area of the land or to contribute to the foundation, proposing instead that she relinquish her share in another plot of land in exchange for ownership of the apartment?
The preponderant opinion is that whoever builds on another's land with their permission, or on shared land, is entitled to the value of their standing construction, because they are not an aggressor. Therefore, none of the siblings has the right to expel another from the building without their consent. The solution is either to satisfy the sister regarding her share, or for her to be a partner in proportion to her share of the land and the value of the apartment. What the eldest brother said about her not being entitled to build on the entire area is correct, but that applies to everyone; no one has the right to build, even on a part, without the partners' permission. Reconciliation and mutual agreement are the optimal solutions; otherwise, it will be the courts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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