Is it permissible for an uncle, who purchased a plot of land to bury his elder brother, and then registered it in his nephew’s name, to demand its return after 20 years due to family disputes, and prevent his brother’s children from being buried there, claiming their father’s financial obligations (dhimma) were not cleared?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
Disputed rights are settled by Sharia courts or arbitration councils due to their ability to hear parties, understand claims and evidence, and issue a ruling that resolves the dispute. As for the Mufti, he only hears from one party, and his fatwa does not resolve the dispute. If a gift is completed and taken possession of by the donee, it becomes his property, and the donor is not permitted to retract it according to the majority of scholars. This is further emphasized if the donee is one of his unmarriageable kin (mahram relatives), with the exception of a father gifting to his child.
Summarized from the full answer at Ftawy · imported
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- 192445
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