Fatwa No : 82234
What is the ruling on performing magic on rightful heirs in order to buy their shares

What is the ruling on performing magic on rightful heirs in order to buy their shares

What do the esteemed scholars and jurists say about the following issue that I had a maternal uncle who was around fifty years old and unmarried. He owned a large amount of property. According to my grandfather's will and Islamic law, his (my uncle's) one brother and three sisters were entitled to inherit this property. However, despite the will of my grandfather Ghulam Muhammad, my uncle Nazir Ahmad did not want to give his sisters their rightful share. Due to this dispute, his three sisters filed a petition in court. The case went on for nearly thirteen years. After all that time, the court finally appointed a government commission to distribute the property.
However, my uncle Nazir Ahmad still continued to occupy the property and created various obstacles to halt the distribution process. This conflict had been ongoing for years, and during this time tensions escalated between the children of the sisters (nephews) and the uncle, leading to verbal clashes and mutual accusations. Eventually, one of the nephews had him killed, he hired a hitman and paid him to do it.
Now the inheritance issue has become even more complicated, and Nazir Ahmad's paternal cousins also got involved in claiming a share. These cousins refused to accept the sisters’ right to inheritance and were unwilling to acknowledge their entitlement. This fueled the enmity even further. (Nazir Ahmad was both my maternal uncle and my father’s paternal cousin, one of his sisters is married to my father, so we have two relationships with him.)
In order to end all this conflict and to take possession of the property, I devised a plan. I went to a person who practiced talismans, magic, and charms. Through him, I used some spiritual influence or method which led everyone to agree with me. I then gave them money and bought the share of the inheritance that each person was to receive. The share that was due to my own mother (who was one of Nazir Ahmad's sisters) was separate. But I also purchased the shares of the other two sisters and because they were under the influence of the spiritual spells, I paid them very little, as per my own wish.
There were many eye-witnesses present when the sale documents were signed, and the sellers were completely in their senses. This way, I ended the dispute and took over the property.
Therefore, my question to you is was the method I adopted to acquire and purchase the property wrong? And now, is this property haram (forbidden) for us?
I have asked this question to several other scholars. Some of them said the method was indeed wrong, but since the documents were signed when everyone was in full consciousness, the money was received, and there were many witnesses present, the property is not haram. However, they also said that since your actions involved grave sin (due to use of magic and manipulation), you are still considered sinful and will be punished for that separately. I have received different answers like these, but I still decided to write to you so that I can be completely satisfied.
So, my question is that what is the true status of this property for us now? Is it haram? Or are the above-mentioned responses, correct?
My second question is that the nephew who had the uncle killed, should his mother (who was a sister of Nazir Ahmad) be deprived of her share of the inheritance?
And if we take revenge for our uncle’s murder, would that be permissible, especially when even after a hundred years the court may never sentence him to death, and he still remains a danger to others?

الجوابُ حامِدا ًو مُصلیِّا ً

(1) If, due to the amulet (ta’wīdh), they became completely mentally incapacitated and lost their senses, and later realized that they had suffered a loss, then according to Islamic law, this sale is not valid.However, if such a condition did not occur, and they willingly agreed to the sale while their mental faculties and senses were fully sound at the time of the contract (as is apparent from the question), then according to Shariah, the sale is valid, and it is lawful and permissible for the questioner to use that land.However, using magic to convince them to sell at a low price is undoubtedly a form of deception, which is sinful and must be strictly avoided.
(2 & 3)The maternal aunt whose son killed her brother , although the son has become severely sinful due to his act , this does not deprive the mentioned aunt of her share in the inheritance.As for the questioner, it is not permissible for him to personally kill that boy in retaliation.
However, if that boy becomes an attacker and is killed during the course of self-defense, then the questioner or anyone else who kills him in that situation will not be considered sinful.