Property Transfer Bill 2026: Shariah compliance must be examined

• Leaders of Various Islamic Parties demand

Leaders of various Islamic parties have expressed deep concern, strong condemnation, and protest over the passage of the Transfer of Property (Amendment) Bill 2026 in the National Parliament, saying it was passed without properly considering the clear provisions of Islamic Shariah and the country’s family and social realities. In separate statements, the leaders said that while ensuring lifetime security and enjoyment rights for elderly parents is undoubtedly humane and commendable, creating uncertainty regarding the clear provisions of Islamic Shariah and the rights of future heirs while trying to solve one humanitarian problem is in no way desirable. They said a property transfer law is not acceptable without guaranteeing that the provisions of Heba (gift) and Faraiz (inheritance shares) remain intact, and that amendments to the property transfer law are not acceptable without the opinion of Shariah experts.

Khelafat Majlis

Ameer of Khelafat Majlis Mawlana Abdul Basit Azad and Secretary General Dr. Ahmad Abdul Kader said in a joint statement today that the Transfer of Property (Amendment) Bill 2026, passed in the National Parliament by the ruling party without further review with Islamic Shariah experts and without public consultation, will not be acceptable. They said that by adding sections 122A and 122B to the Transfer of Property Act 1882, this new method allows parents to transfer property to their children as a gift while retaining lifetime enjoyment rights, whereby the donor will use and enjoy the property until death, and if the recipient dies before the donor, the property will go to the recipient’s heirs.

Bangladesh Nezam-e-Islam Party

Bangladesh Nezam-e-Islam Party has expressed deep concern, strong condemnation, and protest over the passage of the Transfer of Property (Amendment) Bill 2026 in the National Parliament without properly considering the clear provisions of Islamic Shariah and the country’s family and social realities. The party said that while ensuring lifetime security and enjoyment rights for elderly parents is undoubtedly humane and commendable, creating any uncertainty regarding the clear provisions of Islamic Shariah and the rights of future heirs while solving one humanitarian problem is in no way desirable.

Bangladesh Nezam-e-Islam Party’s Acting Ameer Allama Abdul Kaiyum Sobhani and Secretary General Mawlana Musa Bin Izhar said in a joint statement today that Heba, Wasiyat (will), and Faraiz are separate and clear provisions of Islamic Shariah. In the Holy Quran, the shares of heirs have been determined and fall within limits set by Allah. Shariah also has its own provisions and conditions for a Heba to be validly completed during one’s lifetime. Therefore, when introducing any new legal method for property transfer, its relationship with these fundamental provisions must be reviewed very carefully.

They said that while passing the law in parliament, it was stated that the new provision would not affect the existing Heba, Wasiyat, or other recognized property transfer methods. But this assurance alone in the law’s stated intent and interpretation does not complete the responsibility; this protection must also be clear and effective in the language of the law, the rules, the structure of documents, and actual practice. Otherwise, there remains a risk of future disputes arising over the same property among Heba, lifetime enjoyment rights, and Faraiz after death. The two leaders further said that if such a law creates opportunities for misuse, it could increase property-centered conflicts of interest within families, discrimination among children, disputes among heirs, and prolonged litigation.

They also said the possibility cannot be ruled out that family pressure could be applied on elderly, helpless, or decision-impaired individuals to transfer property. Therefore, along with ensuring the security of elderly parents, their independent consent and the fair rights of future heirs must be equally protected. The two leaders said that before passing a law on such an important Shariah-related matter, there should have been an expert review process involving the country’s prominent Alems-Ulama, Muftis, Faqihs, and Shariah experts. During parliamentary discussion, demands had also arisen to send the matter to Shariah experts for examination and recommendations. Passing the law on such a sensitive matter without obtaining expert opinion is regrettable and undesirable.

The two leaders said, “We are not against the security of elderly parents; rather, we want more effective measures to protect their dignity, security, and rights. At the same time, it must also be ensured that no heir’s Shariah-determined rights are violated.” Solving one problem while creating another, larger religious and social problem can in no way be acceptable, they said. They added that the family life, property, and inheritance system of the Muslim population in Bangladesh are deeply connected with Shariah provisions. Therefore, even though the law’s intent is humane, ensuring its application does not conflict with recognized Shariah principles should be the state’s responsible position.

Bangladesh Khelafat Andolon

Bangladesh Khelafat Andolon’s chief, Ameer-e-Khelafat Mawlana Habibullah Miazi, said in a statement that the government must be cautious that the bill passed in the National Parliament, called the “Transfer of Property 2026,” does not conflict with the Quran and Hadith. He said the people of the country will not accept any law that conflicts with the Quran and Hadith. Mawlana Miazi said an excellent law aligned with the Quran and Hadith is already in place in Bangladesh for property transfer and distribution, and there is no need to create something new outside of it. Mawlana Habibullah called for the bill to be amended, if necessary, in consultation with the country’s top Islamic law experts, Muftis, and Ulama.

Jamiate Ulama-e-Islam Bangladesh

Jamiate Ulama-e-Islam Bangladesh has demanded that the “Transfer of Property (Amendment) Bill 2026” tabled in the National Parliament ensure full reflection of the clear provisions of Shariah alongside the family and social regulations of Muslims. This demand was made today, Monday, at a meeting of the special committee of Jamiate Ulama-e-Islam Bangladesh. The meeting was held under the chairmanship of the party’s president, Shaikhul Hadith Mawlana Ubaidullah Farooq, and conducted by Secretary General Mawlana Manzurul Islam Afendi.

Also present at the meeting were the party’s Senior Vice President Mawlana Abdur Rab Yousufi, Vice President Mawlana Junaid Al Habib, Mawlana Sheikh Mujibur Rahman, Senior Joint Secretary General Mawlana Bahauddin Zakaria, and Organizing Secretary Mawlana Lokman Mazhari. They said that ensuring the security, medical care, sustenance, and dignified life of parents in old age is the moral and religious duty of children. Islam has given great importance to the rights of parents. Therefore, any positive government initiative to ensure the rights and security of elderly parents is commendable. However, they said that matters of Muslim property distribution, inheritance, Heba, and transfer of ownership are deeply connected with the clear provisions of Islamic Shariah. It is the state’s responsibility to ensure that no new law or any section of a law conflicts with the provisions of Miras (inheritance) and Heba as set out in the Holy Quran and Sunnah.

Sammilito Islami Oikya Jote (United Islamic Unity Front)

Sammilito Islami Oikya Jote’s Chairman Advocate Khairul Ahsan and Secretary General Mawlana Harisul Haque said in a joint statement today, Monday, that before coming to power, the Bangladesh Nationalist Party, under the leadership of Tarique Rahman, had promised the people that it would not pass any law contrary to the Quran and Sunnah upon assuming power. They said it is beyond their comprehension on whose advice and on what basis a law was passed in parliament that violates the clear provisions of law described in the Quran.

They further said that they had supported Bangladesh Nationalist Party specifically because of its promise not to pass any anti-Islam law, but the party has not kept its word. They urgently demanded that the government change the law passed in parliament — which they characterized as anti-Muslim — in a country with a 90% Muslim population, and reinstate the previous law. The two leaders called for the law to be changed, warning otherwise it would face the wrath of the “Tawhidi Janata” (Muslim faithful).

Khelafat Andolon

Bangladesh Khelafat Andolon’s chief, Amir-e-Shariat Allama Abu Jafar Kasemi, and Secretary General Mufti Farul Islam, expressed strong condemnation and protest over the passage of what they called a Quran- and Sunnah-contrary bill named “Transfer of Property 2026” in the National Parliament. The two leaders said in their statement that Allah created humans on earth, and Allah, the Lord of the Worlds, has also laid out in the Quran and Hadith how humans should progress, how their sustenance should be arranged, and the policy for property distribution between the care of parents and children. Going against Allah’s distribution policy and acting as one’s own self-styled benefactor of humanity, they said, amounts to directly opposing the Quran and Hadith and effectively declaring war against Allah by going against His distribution policy.

The two leaders further said that before coming to power, the BNP government had spoken of running the state according to the Charter of Medina, but by passing a law in parliament that contradicts the Quran and Sunnah, it is distancing itself from that pledge and from the people.

International Majlis-e-Tahaffuz-e-Khatme Nabuwwat

Secretary General of International Majlis-e-Tahaffuz-e-Khatme Nabuwwat Bangladesh, Mawlana Muhiuddin Rabbani, has issued an earnest call for the country’s top Alems, Muftis, and Faqihs to give their opinions in order to thoroughly examine the Shariah aspects of the “Transfer of Property (Amendment) Bill, 2026” tabled in the National Parliament.

He expressed this concern and advice in a statement today, Monday. Mawlana Muhiuddin Rabbani said that ensuring the rights, protection, sustenance, and dignified life of parents in their final years is extremely important, and that Islam has given the highest place to the rights and dignity of parents. As such, he said, they do not deny the need for effective legislation to protect their rights. He further noted that the transfer of Muslim property, Heba, Miras, and Faraiz are clearly connected to provisions of the Holy Quran and Sunnah, and therefore, before enacting any law on this matter, each of its sections must be reviewed in light of Shariah and Fiqh principles.