Father being unjust to his son

Q: I've been living in the West for almost 12 years years and working hard. I have 3 Brothers and 1 sister. When I was working all by myself here, the rest of my family including my dad, my older brother and my younger brother did not really make any money until now and whatever they earned was only for themselves.

When I started working after studying 3 years here, I decided to build a house for my family; for my brother's and sister and my parents. Since my dad was not working and he was spending money that was from taking loans from others and my family was living in a rental house. I looked after all their needs and help to settle my older brother. I spent money to send them abroad as well, and I got my older brother married and spent a lot of money. I got my younger brother good education and also send him to a different country for work but he did not send any money to the family. I got my sister very good education in medical science, and I've never asked my parents how much they spend or why do they spend, I just sent money.

I'm also married now. About 3 years ago I asked my parents that I have never got money from my father who does have land and other property. I asked them no one has put any money in this house but we do have some loan from relatives which I had paid previously to some relatives and some were left, I asked my dad if I can pay off rest of the loan and I can have this house under my name, all my family can live in this house until whenever they want, I have no problem with that but I told him since I work so hard I did not make any other assets I could have established a business or build my property somewhere else with more future profit, but I chose to do something for my family first, so this is your house live here don't pay the rent and I will look after everyone's necessary needs until I can in sha Allah, but my father refused and he said this house should be divided just like all other property he has. My father has never paid for my education or any other expenses since I was 18 but my older brother who is 33 my father still helps him and he only makes money for himself or his wife. He does not help in any other matter of the house. I believe this is due to the bad relationship between my mom and dad and my dad thinks I'm on my mom's side that's why I'm not being treated fair. Upon me asking, he brought up hadith stating that everything that is mine as my fathers, and I don't understand how is this fair that my younger brother who's 25, my sister who's 24, my older brother who is 33, how come they don't bring any money home and only my money is theres. Please help me with a good solution.

A: If you built the house with your own wealth on your land with the intention that your parents and siblings will stay in it, but you did not gift the house to your father, then the house belongs to you. It is wrong for your father to take the house away from you and put it on his name. This is in actual fact extortion. Extortion is haraam in Islam. You should continue to show respect to your father and treat him kindly. However, you are not obligated to give him the house.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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