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Claiming money back for bookings done without consent

Fatwaa ID: 164

Question:

Asalaamualaikum Respected Mufti Saheb ,

I require guidance in the family matter outlined below :

My family are joint owners of a group of timeshare rental by virtue of default following the demise of my father . The shares of ownership are in accordance to the Islamic Laws of Inheritance being :

                                              14 Brother A 

                                              14 Brother B

                                              7 Sister  (myself)

                                              5 Mother 

Upon the completion of the formalities of the estate as heirs we decided to jointly own the remainder timeshares that my father had owned. It was agreed upon that we will all pay the annual levies in accordance with the above ratios and we would then accumulate the timeshare points and all book at the same weekend at the same resort and all attend the family holiday /weekend away in keeping with the intention of maintaining family ties.Brother B was assigned to the duty of collecting levy money , paying and booking etc . He gladly accepted the responsibility. It was also taken that mashwera ( mutual consultation ) will be made prior to confirming any booking for the weekend getaway. The system operated well for 1 year only. On the second year after we all made our levy money and after telephonic mashwera was made , a booking was made in keeping with everyones suitablity. However due to my husband work , his employer refused to grant him leave for the days that this was booked and my children were unable to take leave from madressa as well. I could not attend this getaway and forfeited the weekend even though a chalet was booked for my family.

After this , when it was time to pay the annual levy again, I expressed to Brother B that my husband work in the month of February would not allow him to take absent as he is granted 2 weeks annual leave from December 16 to January 2 of each year and they run workshops on a Saturday morning not making it possible for us to leave for a Drakensberg resort on a Friday and return on a Sunday. The chalets are usualy booked from Friday to Monday. Further my children madressa is also granted leave during this period and it upsets the Ustaad when we ask for permission to take leave in February again albeit for a single weekend. I suggested we book in a closer to home resort or they book their respective chalets and I will book  my own chalet when it is suitable for me , If either or are available to book at that time as well , the we would meet up and all would be well.

This year , the time came to book and I was away out of the country in December from 18th The decision to book the timeshare was necessary by the end of December as the points a have an expiry date to them each year . This is procedure every year. This time around I was not consulted. I was available to be contacted via WHatsApp calling or messaging or voice note .But no one had made contact with me in this regard.

A point to note is that prior knowledge of the urgency to finalise booking was aware to Brother B prior to my departure. He did  not make any attempt to discuss this matter with me even before I left . When I got back in January on 11th I was told by Brother A on the telephone as a by the way matter that the timeshare was booked , however he had forgotten the exact date , it was either a weekend in late FEbruary or early MArch , but to worry as Brother B who is assigned with this will call me within the the week to confirm the exact date. He mentioned that they could not book anywhere else but the bergs as it was good in that we would get a 4 day weekend instead of a 3 day weekend if we booked closer to Durban central. I waited for the call from Brother B , but it did not happen. I received a call on Thursday 24th January from him informing me of some other news and was told in passing that im aware from brother A that the chalets are booked to go next weekend. I then mentioned that this was very unsuitable for me date wise and location for the reasons mentioned above which he was made aware of last year when i lost the weekend. A closer to Durban location would have still been better as we could leave on Saturday and return by Sunday late night . I asked why was I not consulted and he had no response but silence. A point worth noting is that Brother B is self employed and his children are home schooled and attend madressa during Decemeber , so taking leave for them is not a problem in February. Brother A is in a senior position at his work place and is also flexible to taking leave and his children are home schooled as well. Mother is retired with no responsibility.

Unfortunately Mufti , yet again my husband and children are unable to take time off . I have informed them . They have no response for me but just to say maybe next time you can make it.

I would like to know if its within my rights to ask for the levy of R3800 that I have paid , My husband does not contribute any money toward this and I fully pay this amount annually, as a female this is a fair amount of money to me. I am upset in that after having expressed last year that I it is not convenient to me to attend at the bergs at that part of the year , they still booked at in that manner. Further more , I was consulted prior to booking being confirmed and I was informed late of the arrangement made . They were all aware from December 2017. Even though I was not in the country I was able to be contacted, In fact during my absence i made contact with my brothers and mother to inquire if they were all well.   Please advise me in this regard. 

 I have tried best to explain as well as I could. If more clarity is needed please let me know.

JazakALLAH

Anonymous Sister

Answer:

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

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

Sister in Islam,

We take note of your disagreements in reference.

In principle, if it was agreed that everyone will be consulted before making the bookings, and you were not consulted, then that it a violation of the agreement. We advise you to discuss the issue with your brother A and seek his intervention in the matter to amicably resolve the dispute while also maintaining family ties[i].

And Allaah Ta’aala Knows Best.

Muajul I. Chowdhury
Student, Darul Iftaa
New York, USA

Checked and Approved by,
Mufti Ebrahim Desai.

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


[i]  سنن الدارقطني (3/ 424)

2885 – نا الحسين بن إسماعيل , نا عبد الله بن شبيب , نا يحيى بن إبراهيم بن أبي قتيلة , نا الحارث بن محمد الفهري , عن يحيى بن سعيد , عن أنس بن مالك , أن رسول الله صلى الله عليه وسلم قال:  «لا يحل مال امرئ مسلم إلا بطيب نفسه»

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