How Should Disputes Be Resolved in Joint Land Ownership Without Specific Demarcation?

Answered by Mawlana Ilyas Patel

Question

What is the ruling on joint ownership of land where multiple owners know the total size and their percentage of ownership but not the specific part allocated to them? If one owner requests demarcation but the others cannot agree, how should disputes be resolved, especially if some owners wish to sell or use their shares?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question.

In cases of joint ownership of land where a dispute arises and the parties cannot reach a mutual agreement on the allocation of specific areas, a judge or a reliable local Imam will resolve the conflict. If an agreement on demarcation cannot be reached, casting lots may be an option. [Damad Afendi, Majma‘ al-Anhur fi Sharh Multaqa al-Abhur]

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.