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Requiring sound proof when making a claim

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q: My late father had a piece of land in his name. My father had no will. According to my sister-in-law my late brother gave his share of the land to her verbally, one month before his demise. My late brother was sick, he had cancer of the blood and passed away within six months. The vacant land is not in our possession and is in my father’s name till date. I requested a copy of his will and witness to confirm the above claim and I was not successful. Please advise if my late brother can give his share not in his possession. Please advise the executors and administrators as to how my late brothers share of this land must be distributed (one wife and one brother). Your assistance will be appreciated.

Bismillaah

A: For these types of claims some sound proof is required.

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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