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Both disputing parties not having any evidence

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My elder sister because of no children she was living with me instead of her husband since last about 45 years. She went entitled to draw pension amount of his husband after his death since last 05 years. In July 2015 she got Mouth Cancer and for proper treatment I brought her from Village to Karachi (Pakistan) city. To share the expenses she handed over me her Pension Book. To draw the pension from Village Post Office I handed over that Book to my relative Mr ZAID’s family and told them to draw the pension on monthly basis and please enter in a separate note book to keep the record. I may ask to send me or whenever I shall visit the village I may collect the same from you. In March 2016 my elder sister passed away. After her death Mr ZAID informed me that I have donated all the amount to a village Mosque Trust. I asked him that why he did so without my permission as the amount belonged to me. He said that your late sister during her life has instructed me to do so. Mufti Sahab after all this, a few questions are in my mind please guide me in this regard.

1. How should I trust ZAID’s statement because he failed to inform me about my sister’s Instruction for donation of this amount during her life to confirm the same from my elder sister which is impossible after her death?

2. Whether Mr ZAID was entitled to utilize that amount which was left amaanat with her family. In my opinion he is khaain. Is it correct?

3. Whether my late sister was allowed to instruct about that amount which she has already handed over to me and allowed me to utilize that amount?

Bismillaah

A: It is your word against his word. None of you have evidence. I suggest that you both forgive each other and overlook this and end this matter.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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