Arrangements and contracts of a property owned by the heirs of the estate

Q: I would appreciate a brief Shariah ruling on a family property matter. 

An unmarried adult daughter occupies three commercial shops belonging to a family property, which she uses for her medical practice. Her father allowed this during his lifetime, but he also charged her rental at certain times. He has since passed away, and the property has devolved to the heirs. 

She is financially self-supporting, has her own home and other assets, but maintains that because she is an unmarried daughter, she is entitled to continue using the three commercial shops rent-free after her father's death, in addition to receiving her Islamic inheritance share. 

Is there any Shariah obligation on her brothers/co-owners to provide her with these commercial premises rent-free? Or should she pay a reasonable market-related rental for the shops like any other person occupying family-owned commercial property?

A: Since the property has come into the estate, all the previous arrangements are canceled. The heirs can stipulate a rental that they mutually agree to and she should pay the rental.

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

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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