His brother wronged him and is doing magic to him
Fatwa No: 100199

Question

I live in India, My father died 6 years before, before death he did will of property and of that will witness are my two uncle and my sisters and my father's sister but my father didn't give in my and my elder brother knowledge. after his death the shop of my father which he was running on rent for last 35 years, in india person who run for long time the shop- takes good will or market value of that shop to leave the place or shop the rent slip was made on the name of my father but my elder became tricky and he made rent slip on his name and he captured the shop and he also forced me to leave the house, when i refused that i will not leave the house he misguided people and relatives and took all social support in his favour he did black magic on me to kill me and took help of magician and TANTRIK and also appoint Jinns on me to watch me 24 hours, what i do and what i say he knows every time and spread in society to dipress and give mental tension to me.i have no other option for leaving, he also did bad marketing about me in my company, because of that i become job less, right now i am in very bad condition i have a burden of some loan also, i regular pray salaah and ask help only from Alllah - I want to ask you what should i do in this condition in the light of Quran and Hadith because i want to make all decision of my life according the Quran and Sunnah only. Thanks- Allah Hafiz

Answer

 

 

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

If the matter is as you mentioned in the question, then your brother is extremely wrong, may Allaah guide him. Hence, you may take the matter to the court -if there are Islamic courts in your country- so that you would get your right from the inheritance. If there are no Islamic courts, then you may take the matter to anyone who is able to oblige your brother to give your right to you. However, we advise you to forgive him and reconcile with him and advise him to repent.

The following matters should be mentioned:

1)   The custom in your country -which you mentioned- that a person who rents a shop for a long period does not leave it unless he takes its value in the market price, if this is stated in the rent contracts and the contracts do not specify a limited period when the contract comes to an end, then this is not permissible. This is not permissible because such contracts are not valid and it is an obligation to give back the rented property to its owner. One should not rely on man-made laws in rent contracts, as they are not in concordance with the Islamic Law because it makes the rent contract eternal.

2)   It is not permissible to accuse your brother of doing magic to you just out of suspicion; you must have clear evidence about this. Allaah Says (what means): {O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin}[Quran 49:12].

As regards the will, you did not clarify to us its nature so that we may give a religious ruling about it.  

Allaah Knows best.

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