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Does The Gift Belong To Me?

Q:

Assalam o alaikum,

I need some advice regarding gifts. After I got married my mother told my in-laws repeatedly that they (my parents) had given me a flat but also told me in secret that it’s not mine. the flat is in my name but it was not bought for me. But still they kept making a point that they had given me a flat. I’ve been married for 10 years. Now they want to sell the flat but my husband wants to keep it. I feel bad as it’s not mine but my husband insists that my mum said she gave it to us and he doesn’t want to return it. I told him a few years ago that it wasn’t mine and he didn’t say anything but now he has changed his mind. I will stand by him no matter what but I want to know is he doing the right thing. I don’t want us to get punished by Allah for doing the wrong thing. please answer this question for me; I’m very stressed and not talking to my parents because of this situation.

Jazak Allah

A:

w salaam,

Based on the general Islamic law of possession, if he has the control and
the possession of the house, then the house is his, and if your parents or
any just witnesses indicate that its not his, then a MOJTAHID or a JUDGE
has to listen to the witnesses and rule against your husband.

Try to sit together and come to a reconciliation and a mutual agreement.

These are apparent rulings, but if your husband knows its not his and he
prays in that house then his SALAAT will be invalid and he will be
considered usurper in the sight of Allah swt.

Duas

Safdar Razi