Bought house in mothers name.
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:
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
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
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
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
Wister