Chapter on Partition among Partners

The legitimacy of partitioning jointly-owned property is established by the Qur’an, the Sunnah, and the consensus of the scholars.

Allah the Exalted says, “And inform them that the water is to be shared between them.” (Q 54:28) He also says, “When relatives are present at the division…” (Q 4:8).

The Messenger of Allah (peace and blessings be upon him) declared, “The right of pre-emption (shufʿah) applies to property that has not yet been divided,” and he himself used to distribute the spoils of war.

More than one scholar has reported a unanimous agreement on this ruling.

Need likewise calls for it, for there is no way to give each rightful claimant his due from common property except through division.

Partition is the separation of the various allotted shares from one another. It is of two kinds: partition by mutual consent and partition imposed by judicial compulsion.