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Business dispute

Fatwaa ID: 1389

Question:
Clearing doubts of the problem arising between brothers
Assalamualaikum
Respected mufti Saheb

My father left a piece of land for my brother and I.

We sold the land but never distributed the amount of money we got.
The amount was approx USD 270,000.

If we were to distribute, A brother would have gotten 135k each.

We decided that we will keep the amount as a whole and invest in our business we just started as partners.
The initial capital was only USD 30,000

I never kept any record of the money as I trusted my brother and thinking that he will keep a record of it as he was handling the business and the money. We did make certain agreements such as we will draw the same amount from the business etc.

Another reason I couldn’t keep any record of the money I ventured into another business of my own from my own capital.

Unfortunately, the business closed down after 4 years due to it not being sustainable any longer but Alhamdulillah we never went into any debt nor did the business suffered any loss.

The problem is arising because my brother is failing to give me hisaab of the money and as I personally never kept any record of it, I have no idea how it was utilised and assumed that all have been used in the business and we have lost the money. A write off….

Alhamdulillah, there are no quarrels openly between my brother and I

However, theres hatred in my family’s heart and they keep on suggesting that your brother must have taken money etc.

The reason why they are suggesting that is after our business closed down, my brother and I started working in the same company and have the same amount of income,
However him buying expensive vehicles, luxury items etc has instilled this doubt in my family’s heart and has started slowly creeping into mine as our income can’t afford such luxuries.

I wish to clear all the questions and the doubts that have crept in.

I have no proof that my brother has taken money but his failure of giving me hisaab and his expenses leave some doubts.

The questions are:

1) Is it okay for us to say or assume that if my brother has taken a portion of the money for his ownself and has not utilised the full amount in the business,
THE MONEY IS HARAAM.

As I dont think the whole 270k has been invested. The math doesn’t add up

2) Do I have the right to claim money from my brother?

3) If I dont ask him for the money and just make sabr for our family ties to continue, Will I be rewarded?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We take note of the details of your query. We presume that the piece of land was either given to you and your brother during your father’s lifetime and you assumed possession during his lifetime as well or it was passed down through inheritance and you two are the sole heirs. If there are other heirs, then the rulings will be different and much more complex. This fatwaa will not be applicable. The answer below is according to the initial two possibilities.

You should apply your due diligence and discuss with your brother. It may not be in your best interest to let the thoughts build up. Communication is key. You should not assume that your brother cheated you unless you have genuine reasons to believe so. If you genuinely feel that your brother cheated you, then you are in your right to claim the cheated amount. Likewise, if you genuinely feel that there was negligence in the business from his side and you have evidence to back your claim, you may claim from him. You should remind him of his accountability to Allaah Ta’aala. Despite that, if you make sabr in an attempt to uphold family ties, then you will be rewarded.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

12/11/1444 AH – 06/29/2023 CE | 459

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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