Category: Business Matters
Fatwa#: 37032
Asked Country: South Africa

Answered Date: Feb 08,2017

Title: Dispute

Question

As salaam wa alikum I was busy buying a commercial property, a mini shopping centre. While in the process of easing the funds, the cost was R9.5million, I had already raised R7.2million. At that stage I also did not have a VAT number, which was going to come. Anyway I was making mashura with my uncle and he asked my brother to get involved. My brother asked me to return my funding that I had, and said he will put it on a company name where he was a the only member. But at that time, he told his wife and children, my mother, my brother and a few other people that I am also a shareholder not given a percentage. Anyway the whole deal with the property from inception was very complicated, many people wanted to buy it including my brother but all could not get the 3 partners to sit around a table,I started the process with the partners in early July 2016 and on the 21 july 2016 I got them to sit round a table they had not seen each other in years. Alhamdulliah at that meeting they decided they will sell to me.

Every bit of work, getting all the municipal checks etc I did. So once the sale agreement was signed, and in the sale agreement we put uncertain clauses stating that we would like access to the building even thou transfer has not taken place. Once their attorney received the monies in their trust account, we could start with certain things in the centre. Yes the money was 100% from my brother it was R4.5 million cash and a loan of R5 million from albaraka. I was still doing all the work, got municipal approvals for everything. Anyway my brother decided to call a meeting around the 21 September 2016, in the meeting was my brother, my uncle and a Moulana. At the meeting I was told I was working too fast even thou I have a massive email trail that everything was done in consultation with my brother.

 

The Moulana immediately said that the building is according to Islam my brothers even thou he told everyone I have a shareholding, then they made me an offer: they said we will pay you R500 000, when ever my brother wants to pay or I can rebuy the building from my brother. It was too much for me to take in at that moment, so I said I will have to think about it. All agreed. I sent the emails I had to the Moulana which was over 27 parts, then the Moulana called my brother a week later and said I want the option to buy. My brother called me to confirm this and I did.

Alhamdulliah I got the funding quiet quickly and when via the Moulana I told my brother I want to. Buy it. He came out with all sorts of stories and sent me an email saying he. Does not want to sell. Anyway nobody said anything until 3 days later when people like my cousins etc started calling and saying I should walk away etc, it was becoming too hectic for me and I sent an SMS to my brother stating that I am walking away. He is not talking to me or my mother. I was forced to walk away. Wat is the Islamic ruling with regards to this. 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

We apologize for the belated response.

You state: “Wat is the Islamic ruling with regards to this.” You have referred to many issues in your email. Which aspect are you enquiring about?

And Allah Ta’āla Knows Best

Safwaan Ibn Ml Ahmed Ibn Ibrahim

Student Darul Iftaa
Limbe, Malawi

Checked and Approved by,
Mufti Ebrahim Desai.
 

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