Who is actually eligible for the land’s claim payout, if one’s land was unjustly usurped?
Published as Land’s claim payout
Question
Who is actually eligible for the land’s claim payout, if one’s land was unjustly usurped?
Answer
According to our research, any person that was dispossessed of a right in land after 19 June 1913, as a result of the past racially discriminatory laws and didn’t receive any compensation, then such a person or his descendants are entitled to claim restitution of that right in land or equitable redress. Those that were given some sort of compensation are not entitled to claim again. This means that only those that were never compensated previously are entitled to submit a claim.
Now, the question arises, “Who is entitled to the payout?” The actual owner of the land from whom the land was unjustly usurped and misappropriated is the actual recipient of the lands claim payout (as the payout is in lieu of his land). If he is alive, then the funds should be directed to him, and in the case of his demise, the funds will form part of his estate and be distributed amongst his heirs according to the Islamic law of succession.
- Answered by
- Mufti Mohammed Desai
Where scholars differ, it’s safer to take the more cautious view.
Fatawa SA is an independent, read-only index of fatawa already published by Darul Ifta Ibn Masood. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue
For corrections or mistakes, please email us at fatawasa786@gmail.com.
Source: Darul Ifta Ibn Masood — https://fataawa.co.za/lands-claim-payout-2/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-14609