Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Salaam alaikum,

I am working in Saudi Arabia from last 10 years, 13 years before my father because of some health problem finally he lost his one leg after that we lost everything our business and our all property, Alhamdulillah  in between 1997 to 2007 I have gained everything and I repurchased my fathers house also which have been sold in the year 1994. And I repaid all loans belongs to my father and I took all responsibility of my family for the last 10 years and I spend around my 3years income for my younger sisters' marriage, last year I get married now I want to start one business in my country so I planned to sale one of my house (now Alhamdulillah we have two house both are of my earnings) and from that money only I can start business, now I don't have any bank balance , but my mother is not ready to sale it, both houses are in my mothers' name, and she want to share it to my brother and two sisters in this case so many time I called my mother but she is not in a position to listen to me, now from the last one month I stop to talk to her, now I don't have any bank balance & they don't want give my earnings to me , in this case what can I do please give me suggestion in light of Qu ran and Hadith(all these problems raised after my marriage my family abusing my wife but Allah knows best my wife is innocent)

Allah hafiz

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Answer:

Bought house in mothers name

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 215:

215 They ask thee (O Prophet (saws)) what they should spend (in charity). Say: ‘Whatever ye spend that is good is for parents, and kindred (relatives), and orphans, and those in want, and for wayfarers. And whatever ye do that is good Allah Knows it well.’

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 36:

36 Serve Allah and join not any partners with Him: and do good to parents, kinsfolk (relatives), orphans, those in need, neighbors who are near, neighbors who are strangers, the companion by your side, the way-farer (ye meet), and what your right hands possess: for Allah loves not the arrogant, the vainglorious.

Beloved brother in Islam, if you have spent a portion of your earnings serving your aged parents, rest assured that you have done no favors to anyone except yourself…..for you shall have your reward in full for fulfilling your obligatory duties and responsibilities towards your parents in the Court of the Lord All-Knowing, All-Just.

Your Question: ….now I don't have any bank balance , but my mother is not ready to sale it, both houses are in my mothers' name, and she want to share it to my brother and two sisters

If at the time of buying the houses, you had a specific agreement or understanding with your mother that the houses actually belong to you and you are only buying them on her name as a trust…then indeed it would only be piety and righteousness on the part of your mother that she return her trust back to you.

But if you had no such specific agreement with your mother that you are buying the houses in her name only as a trust, then obviously they would be considered a gift from you unto your mother and she is well within her rights to do with her gifts as she pleases.

Respected brother, in either case, because the houses are bought in your mother’s name….in the sight of Shariah Law, she would be considered the legal owner of the houses, absolutely regardless of who actually paid for them; for as far as the law is concerned, it will look into the available documentation which is presented to them.

But if your mother knows that the houses were not given as a gift unto her, but were rather only bought in her name as a trust….and still she refuses to return them back to you…she might get away with her betrayal of trust in the life of this world, but she will be guilty for breaking her trust in the Court of Allah Subhanah on an Inevitable and Tumultuous Day.

Sahih Al-Bukhari Hadith 9.292 Narrated by Um Salamah (r.a.) (the wife of the Prophet (saws))

Allah's Messenger (saws) heard some people quarreling at the door of his dwelling, so he (saws) went out to them and said, "I am only a human being, and litigants with cases of dispute come to me, and someone of you may happen to be more eloquent (in presenting his case) than the other, whereby I may consider that he is truthful and pass a judgment in his favor. If ever I pass a judgment in favor of somebody whereby he takes a Muslim's right unjustly, then whatever he takes is nothing but a piece of Fire, and it is up to him to take it or leave it."

Respected brother, whatever might be the case, you make absolutely sure that at all times you fear Allah your Lord….and never let anything, and we reiterate, absolutely anything….be it the unjust usurping of your property, or the treatment of your wife, etc…..never let anything allow you to transgress the boundaries of respect, and honor, and kindness, and tenderness that is due from every believing off-spring unto their parents.

One cannot over-emphasize the importance and significance of serving and being dutiful to one’s parents in Islam…… second only to the heinous and the ultimate abomination of ‘shirk’ in the Sight of Allah is for an off-spring to be undutiful to one’s parents!

Allah says in the Holy Quran Chapter 17 Surah Bani Israel verses 23-24:

Your Lord has enjoined the following: You should not worship anyone but Him Alone! Treat your parents with great kindness; if either or both of them attain old age, do not even say ‘uff’ to them; nor rebuke them; but speak to them kind words. Treat them with humility and tenderness and pray, “O our Lord, be merciful to them, just as they brought me up with kindness and affection in my childhood.”

Allah says in the Holy Quran Chapter 31 Surah Luqman verse 14:

14 And We have enjoined on man (to be good) to his parents: in travail upon travail did his mother bear him and in years twain was his weaning: (hear the command) "Show gratitude to Me and to thy parents: to Me is (thy final) Goal.

Allah says in the Holy Quran Chapter 4 Surah Nisaa verse 36:

36 Serve Allah and join not any partners with Him: and do good to parents kinsfolk orphans those in need neighbors who are near neighbors who are strangers the companion by your side the way-farer (ye meet) and what your right hands possess: for Allah loveth not the arrogant the vainglorious;

Al-Tirmidhi Hadith 4941 Narrated by Abu Umamah

A man said, "O Messenger of Allah (saws), what rights can parents demand from their children?" He (saws) replied, "They are (or your relation with them will determine) your Paradise or your Hell."

Sunan of Abu-Dawood Hadith 5120 Narrated by Mu'awiyah ibn Hayadah

I asked: ‘O Messenger of Allah(saws)! To whom should I show kindness most?’ He (saws) replied: ‘Your mother.’ I asked (again): ‘Who next?’. He (saws) replied: ‘Your mother!’. I asked: ‘Who next?’ He (saws) replied: ‘Your mother!’ I asked again: ‘Who next?’ and he (saws) replied: ‘Your father, and then your relatives in order of relationship.’

Al-Tirmidhi Hadith 4939 Narrated by Mu'awiyah ibn Jahimah

Jahimah came to the Prophet (saws) and said, "Messenger of Allah (saws), I desire to go on a military expedition and I have come to consult you. He (saws) asked him if he had a mother, and when he replied that he had, he (saws) said, "Stay with her, for Paradise is at her feet."

Sahih Al-Bukhari Hadith 8.18 Narrated by Aisha

The Prophet (saws) said: "The word 'Ar-Rahm' (womb) derives its name from 'Ar-Rahman' (i.e. Allah). So whosoever keeps good relations with it (womb i.e. kith and kin), Allah will keep good relations with him, and whosoever will sever it (i.e. severs his bonds of kith and kin) Allah too will sever His relations with him!"

Sahih Al-Bukhari Hadith 3.821 Narrated by Anas

The Prophet (saws) was asked about the ‘Kabair’ (the absolute gravest sins in the Sight of Allah). He (saws) replied: "They are:--

To join others in worship with Allah,

To be undutiful to one's parents,

To kill a person (which Allah has forbidden to kill) (i.e. to commit the crime of murder),

And to give a false witness."

Sahih Al-Bukhari Hadith 8.290 Narrated by Abu Bakra

Allah's Messenger (saws) said, "Shall I inform you of the biggest of the Great Sins?" They said, "Yes, O Allah's Messenger (saws)!" He (saws) said, "To join partners in worship with Allah, and to be undutiful to one's parents."

Al-Tirmidhi Hadith 3655 Narrated by Abdullah ibn Umar

Allah's Messenger (saws) said, "There are three people to whom Allah has forbidden Paradise: one who is addicted to wine, an undutiful son, and a cuckold who agrees to his womenfolk's adultery."

Thus my beloved brother, right or wrong your mother may be…you as a believer in Allah and the Last Day make sure that you never never ever transgress the boundaries that are due from a believing off-spring unto their parents.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan