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I sold my flat for a property investment with my brother twice. He had got the proposal which seemed good and I trusted him. I have no written proof because I trusted him blindly. When he didn't give me my due, I confronted him but he turned towards qibla and said he never promised me anything.

How do I go about it the shariah way and save my brother from his betrayal?

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    "I have no written proof" - my brother here is where you made your mistake (2:282). – Burhan Khalid Mar 25 '14 at 12:10
  • You can use an answer from Hadi and if you've been struggling legally and you can not get what you're supposed to then you should be willing to get it because it will actually be cleaning your possessions and Allah will replace it with a better .. InsyaAllah .. Aamiin – matzone Mar 26 '14 at 2:09
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First you can't prove that in any court. But in Islamic laws there is a hadith said by Prophet Mohammad(sawws):

البينة على من ادعى واليمين على من أنكر

The evidence of the claimed and take an oath for denier

If you work on this rule you claim that he promised you so you have to have the evidence and the evidence is either a written proof or two witnesses.

It's clearly you can't prove that so for you brother he can decline your say by swearing and that what he had done. So you can't do anything with him and you can't prove anything.

But be sure the swear is legitimate, there is a special way to swear to be legitimate else the oath will be not taken.

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You have to go to court and ask for your rights. Islam does support court system where disputes are settled. You have to utilize that.

If you have share with your brother, you are entitled to get it. No one can take it from you.

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