Question:
What do the scholars and experts of shari’ah say regarding my situation? Me and my mother jointly purchased a pickup truck for transportation. She paid the initial down payment and I subsequently kept up with the monthly payments. Eventually I kept the vehicle in my possession for myself.
Now my mother is not pleased with this, she says I either give her the vehicle or I pay back to her what she gave with an increased amount. What does the pure shari’ah say regarding this?
Answer:
All perfect praise is for Allah ﷻ, The Lord of the Worlds. I testify that there is none worthy of worship except Allah ﷻ, and that Prophet Muhammad ﷺ is His Messenger.
Whatever amount your mother has spent on this vehicle is either a loan or a share. If it is a loan, then she can only claim the amount she gave initially and nothing more.
However, if her intention was to be a partner in the transaction, then only the money she has paid will be considered in her name, in this case the down payment. Her share will only be the amount she contributed.
And Allah ﷻ knows best.
This fatwa is written by Dr. Hafiz Muhammad Munir Al-Azhari