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.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 29 Rabi-ul-Aakhir 1434 / 04 December 2021