Skip to content

[Disagreement among Partners on How to Divide the Land]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 21833
Number of views: 0
Print the fatwa:
[Disagreement among Partners on How to Divide the Land]
Fatwa number: 21833
Print

Question

Question: If the partners disagree over how to divide a tract of land—some saying it should be divided lengthwise, and some saying widthwise—and then they draw lots between them, what should the judge or the conciliator do in such a case?

Answer

Answer: What the conciliator or arbitrator should do is first to consider the objectives sought by dividing it lengthwise and by dividing it widthwise. When he understands the objectives and the interests that follow from dividing it lengthwise and widthwise, it becomes incumbent upon him to divide it in the manner by which the parties’ objectives are equalized—whether that be by dividing lengthwise, or by dividing widthwise, or by dividing it in another manner distinct from those two. This is the justice Allah Most High has commanded us to uphold when judging between people.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2

Other fatawa