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Practical Laws of Islam

    • Rules of Taqlīd
    • Rules on Purity
    • Prayer
    • Fasting
    • Khums
    • Jihad
    • Enjoining the Good and Forbidding Evil
    • Ḥarām Gains
    • Chess and Gambling Instruments
    • Music and Ghinā’
    • Dancing
    • Clapping
    • Non-maḥrams’ Pictures and Films
    • Satellite Television Equipment
    • Theatre and Cinema
    • Painting and Sculpture
    • Magic, Conjuring, and Evocation of Spirits and Jinn
    • Hypnosis
    • Lottery
    • Bribery
    • Medical Issues
    • Teaching, Learning and Their Proprieties
    • Copyrights
    • Dealing with non-Muslims
    • Working for Oppressive States
    • Rules on Clothing and Conspicuous ones
    • Treating the West
    • Smoking and Narcotics
    • Shaving the Beard
    • Attending Gatherings of Debauchery
    • Writing Supplications and Istikhārah
    • Religious Events
    • Hoarding and Extravagance
    • Buying and Selling
    • Miscellaneous Issues in Business
    • Rules Concerning Ribā
    • Right of Pre-emption
    • Hiring, Renting, and Lease
    • Surety
    • Pawning and Mortgaging
    • Partnership
    • Presents and Gifts
    • Debt and Loan
    • Ṣulḥ
    • Power of Attorney
    • Mustaḥabb Alms
    • Deposits and Loaned Properties
    • Leaving a Will
    • Usurpation
    • Placement under Guardianship and Signs of Maturity
    • Silent Partnership
    • Banking
    • State Property
    • Endowments
      • Endowment Conditions
      • Conditions Concerning the Trustees of Endowments
      • Conditions Concerning Endowed Properties
      • Conditions Concerning the Beneficiary of Endowment
      • Endowment Terminology
      • Rules of Endowment
      • Ḥabs
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        Ḥabs
         
        Q2067. A person made his land ḥabs for a shar‘ī purpose in the hope that they would have it again at the end of the duration of relinquishing it for charitable purposes. Is he become the owner at the end of the time? Can they benefit from the reacquired land in the same way they act with their other property?
        A: If the donor was the rightful owner of the land and they made it ḥabs according to the shar‘ī rules and regulations, the ḥabs is valid. Thus, all the provisions and consequences should apply. After the duration of the ḥabs came to an end, the land should revert to the ownership of the owner and be treated like any other property of theirs. As a result, he owns its benefits.
         
        Q2068. The owner of some property made it permanent ḥabs for a purpose for which one can make waqf or directed in his will that one-third of his property to be permanent ḥabs so that the proceeds would be spent for a particular purpose, but his inheritors considered it as inheritance, put their names in the title-deed and sold it to others without a shar‘ī excuse. Do the rulings of endowment — i.e. it is ḥarām to treat it as one’s own property and sell it to others — apply to ḥabs property a well?
        A: The property or one-third estate which was made ḥabs permanently has the same rulings as an endowment. Therefore, dividing it among inheritors as inheritance and selling it are invalid.
      • Sale of Endowment and Changing its Use
    • Rules Concerning Graveyards
    • Glossary
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