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Property should not be on wife’s name

Answered as per Hanafi Fiqh by Askimam.org

Asalamualaikum,

My husband sold my jewels and bought a piece of land in my name 10 years back.My husbands siblings were terribly advising him not to buy the land in my name according to shariah as i might cheat him.Today the land is 10 times its original rate.We have decided to buy a house nearby by selling the piece of land.Again my husbands siblings terribly advised my husband to buy the house either in his name or in both of our name…but not solely on my name.They say this is shariah.I do not object to this in any way…..infact i asked my husband to buy this house in his name itself but my husband bought it in both of ours name.I’am happy for it…because i have great imaan in ALLAH SWT.

My question is i want to know whether the shariah mentioned by my husbands siblings is true or not?

Answer

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

Sister in Islaam,

We sympathize with you in your unfortunate predicament. Your in-laws’ behavior is unfortunate and un-Islaamic.

You state that your husband sold your jewelry and bought a piece of land in your name. Hence, the land belongs solely to you. Your husband’s siblings’ claim that it is not according to Shari’ah is incorrect. Rather, their claim is against Shari’ah.

You express your intention of selling the piece of land and purchasing a house. You are entitled to have it solely under your name. If you wish, then you may have it under both of your names.

Your husband’s siblings should not interfere into your marriage. Likewise, they should not attribute their diverged ideas as Shari’ah.

And Allaah Ta’aala Knows Best.

Muajul I. Chowdhury

Student, Darul Iftaa

Astoria, New York, USA

Checked and Approved by,

Mufti Ebrahim Desai.

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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