Is it permissible for an uncle, who purchased a plot of land to bury his elder brother, and then registered it in his nephew’s name, to demand its return after 20 years due to family disputes, and prevent his brother’s children from being buried there, claiming their father’s financial obligations (dhimma) were not cleared?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Disputed rights are settled by courts or arbitration councils due to their ability to hear parties, understand claims and evidence, and issue a ruling that resolves the dispute. As for the , he only hears from one party, and his does not resolve the dispute. If a gift is completed and taken possession of by the donee, it becomes his property, and the donor is not permitted to retract it according to the majority of scholars. This is further emphasized if the donee is one of his unmarriageable kin ( relatives), with the exception of a father gifting to his child.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/192445
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 192445
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy