What is the procedure if a co-owner refuses to relinquish possession of their share to facilitate the transfer to the recipient?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a co-owner refuses to deliver their share, the recipient is instructed to appoint the co-owner as an agent for the purpose of taking possession and transporting the share. If this is also refused, the judge (*Hakam*) appoints a trusted person to take possession on behalf of both parties and transfer the property. This action is taken because there is no detriment to the refusing co-owner, and it completes the contract of the other partner.