Answered according to Hanafi Fiqh by

Q: I purchased a 33.3% share in a property (empty land). I paid the asking price. I decided to return my share to the Muslim brother I purchased from because I did not have additional funds to contribute towards the building. I have not as yet received any refund for my share that I returned. In the process, the Muslim brother has sold my share to somebody else and as payment accepted 2 apartments. These apartments were offered to me as payment. I refused. In the process additional building has started taking place on the property. My question is, do I have a right to take back my share considering that I have as yet not received payment for it? and 1) If no, I understand 2) If yes, at what price must I contribute towards the new building that has been happening. I know I have to contribute a third, but is the Muslim brother allowed to put a mark up on the building or not, considering that I am an equal third partner. (3 partners, muslim brother, his brother and myself.)


A: Since you had cancelled the sale, you do not have any share in the building. However you are entitled to claim the money you had paid.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, 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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