01/05/2026
POSITION STATEMENT
Subject: Defense of the Madrasah Building and Institutional Name
Assalaamu Alaykum wwb.
We respectfully state our position regarding the ongoing dispute over the Madrasah building and its name.
1. On the construction and renovation of the Madrasah
Our family has been in open, continuous, and peaceful possession of the subject property since 1999. The Madrasah was established and operated by our grandparents, who are recognized as its founders. Since that time, the structure has been visible, active, and known in the community.
The construction and subsequent renovation of the Madrasah, including the improvements made in 2021, were undertaken with the knowledge and without objection from the landowners and their representatives. For more than two decades, no opposition was raised.
Under the , particularly Articles 448 and 546, we assert that we are builders in good faith. We acted under the honest belief that we had permission to build and improve the structure.
Given these circumstances:
- The landowners are estopped from questioning the construction after long inaction and tolerance
- Any claim over the improvements must comply with the law, which allows only reimbursement of necessary and useful expenses or appropriate legal arrangements, not unilateral demolition or dispossession
2. On long possession and implied consent
Our possession and use of the property have been:
- Public and uninterrupted
- Peaceful and without concealment
- Known to the landowners for many years
Their failure to object over a long period constitutes implied consent and tolerance, which strengthens our good faith and equitable rights over the improvements made.
3. On the name of the Madrasah
The name of the Madrasah originates from our own family name and reflects the identity and legacy of its founders, our grandparents. This name has been used continuously and publicly for many years.
The use of this name:
- Does not represent ownership of the land
- Does not use the name or identity of the landowners
- Does not create confusion as to who owns the property
As such, the landowners have no legal basis to control, prohibit, or change the name of the Madrasah.
4. On fairness and equity
We have invested time, resources, and effort in establishing and maintaining the Madrasah for the benefit of the community. These actions were done in good faith, relying on the absence of objection and the apparent consent of the landowners.
To question these rights only at this stage, after decades of tolerance, is inequitable and contrary to principles of justice and fair dealing.
5. Prayer
In view of the foregoing, we respectfully assert our rights as:
- Builders in good faith over the improvements made on the property
- Lawful users of the Madrasah name based on founder identity and long-standing use
We remain open to peaceful dialogue and lawful resolution, including mediation, to settle the matter fairly and in accordance with the law.
Respectfully submitted.
Shukran!
