How is property divided when a third, non-claiming party holds it, and the two parties have contradictory claims without proof?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the house is in the possession of a third party who makes no claim, the half claimed solely by the claimant of the whole is awarded to him without contest. The remaining half is decided by lot (qur'a) between the two claimants. Whoever wins the lot must then take an oath, and the property is awarded to him.
Supporting text
If both parties have proof, those proofs nullify each other, rendering them as if neither possessed proof. If it is held that both proofs should be utilized, a lot is cast between them, and whoever wins the lot is prioritized, according to one view. The second view maintains that the disputed half is divided between them, resulting in the claimant of the entirety receiving three-quarters of the property.