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Amanah and incorrect distribution of trust deed.

I would appreciate your guidance on the following 2 queries/issues.

Query/Issue #1:

I will refer to 2 individuals as “Person A” and “Person B”.

Person A had 2 packets containing money.

These packets were given to Person B by mistake.

The same day, Person A had informed Person B of the mistake and requested that these parcels be returned.

Person A had a full account and record of the money, who it belonged to, date and amounts.

Unfortunately Person B has now taken “ownership” of this money parcels unjustly and does not want to acknowledge nor accept Person A version and has discarded all these records that was with the pacrels.

Person A has taken an oath that the money parcels belongs to Person A.

What is the Sharia ruling (Islamic ruling)  on who has the right to these money parcels.

Query/Issue #2:

If some money was left in trust with an individual, and such money was taken unjustly and without neglect by the responsible individual,

is this individual liable for returning and/or executing on the instruction of such money? 

Answer

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

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In order for us to issue a ruling please clarify the following with regards to Issue 1:

a)     Did the 2 packets belong to person A or did they belong to someone else?

b)    We do not understand why person B is refusing to return the parcels. Is it because person B thinks that the parcel belongs to him?

The second query apart from being contradictory in some way is also very vague. You state that the money was taken unjustly but without neglect. What is the reality of the matter? Explain in detail.

And Allah Ta’āla Knows Best

Ismail Dawoodjee

Student Darul Iftaa
Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net

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

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