Violating state regulations in building house
Fatwa No: 356248


Assalaamu alaykum. About four years ago, my father (who is, praise be to Allah, still with us) bought a piece of land for which we paid money from halal earnings (even I contributed from my salaries in the purchase). After some time, we started the construction, and again with halal earnings (I also contributed in this). However, while filling the land, my brother contacted government officials through some reference related to the canal department to give us the canal silt. The government officials allowed us to take the soil, but in an illegal way. (They are not allowed to do it, but they usually give permission for these things to other people also and even take a bribe sometimes.) My father paid money to a trolley contractor to pick soil from that canal area (as my brother had already talked with the government officials). So our land was filled (about 70% of the land was filled like this). So after that, the construction work was done, and a house was buit and it is in our use now. The total expenditure is much more than that of the soil. We are three brothers. Are this house and the property legal for me to use? And in the future, is this house and the land legal for inheritance for the three brothers? (What should I do?)


All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His Slave and Messenger.

There is no harm on you in using this house, and there is no problematic aspect regarding your legal ownership of the land or the house in terms of the inheritance. Merely putting the soil without government permission does not render the house unlawful to you. The soil taken from the canal silt is not the personal property of a particular person. In principle, it is lawful for whoever takes it. The most that could be said is that you violated the state regulations in this regard.

Allah knows best.

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