Fatwa ID: 08517

 

 

Answered by Alimah Saleha Bukhari Islam

 

Question:

 

Please advise on the Shar’ee ruling regarding the utilisation and spending of the wealth of  a mentally incapacitated Parent. The mentioned parent is suffering from Alzheimers Dementia, also known as Senile Dementia. The parent has a divorced daughter living with Him – Daughter has two Baaligh sons, one of whom resides in the home with his mother and Grandfather. Both sons are earning.

 

Specifically, to what extent can the wealth of the mentally incapacitated parent be used for the needs of the  daughter, and grandson residing in the home ?

 

The divorced daughter has a part time job/income and is primarily responsible for cooking for Parent, as there is a full time caregiver assisting Parent to do the everyday tasks. The Daughters part time job, involves using electricity and resources of the Parents home. The daughter has in the past refused an opportunity for gainful employment

 

What level of spending is the daughter entitled to from the said Parents wealth ?

 

Is she allowed to entertain guests using the Parents wealth? Is she allowed to send cooked foods to her son, who does not reside with her, using the Parents wealth ? Is she allowed to fill petrol in her vehicle, of which most of the driving is for personal use ?

 

 

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

In Islam, managing the wealth of a mentally incapacitated person, such as a parent with Alzheimer’s Dementia, requires careful consideration to make sure that their wealth is used in their best interests and in accordance with Shariah principles. Situations such as this usually receive a judgement from court, whereby the judge appoints a trustworthy guardian to manage ones affairs and preserve their wealth. [1]

 

The wealth of a mentally incapacitated person should be managed by a guardian (Wali) or trustee (Ameen) who acts in the best interest of the incapacitated person. [2] The primary use of this wealth should be for the care and needs of the owner (the parent in this case). This guardian is also allowed to responsibly use the wealth to support dependents living with the incapacitated person, such as providing for their food, clothing, and medical care, ensuring that expenditures are in line with the incapacitated person’s standard of living.

 

The Quranic guidance on guardianship, originally meant for orphans, also applies to caring for mentally incapacitated individuals. Guardians are tasked with responsibly managing their property, ensuring all transactions are fair and conducted with honesty, especially with family involved. They must handle their duties within their abilities and keep all commitments related to the welfare of those they care for. The verse emphasises the need for guardians to be cautious and careful, protecting the rights and assets of both orphans and mentally incapacitated individuals until they can manage for themselves. Allah swt says in the Quran:

 

“Stay well away from the property of orphans, except with the best [intentions], until they come of age; give full measure and weight, according to justice’- We do not burden any soul with more than it can bear- ‘ when you speak, be just, even if it concerns a relative; keep any promises you make in God’s name. This is what He commands you to do, so that you may take heed’”    [Q: 6, 152] [3]

 

The daughter’s use of the parent’s wealth should be limited to what is necessary for her sustenance and care, particularly if she is contributing to the care of the parent. However, it should be proportional and not exceed what is typical for someone of her father’s financial means and societal status.

 

• The daughter should not use the parent’s wealth to entertain her own guests unless this was a common practice before the parent became incapacitated and considered part of the household running expenses.

 

• The daughter should not use the parent’s wealth to support her son who does not live in the household and is financially independent as this is not considered a household cost.

 

• If the vehicle belongs to the parent and the daughter uses it primarily for personal tasks unrelated to the parent’s needs, she should not use the parent’s wealth to fill petrol. This would only be permissible if the vehicle usage is directly related to the parent’s care or household management that benefits the parent.

 

• The person managing the wealth must maintain transparency and accountability. It is recommended to keep records of expenditures and possibly have oversight by another family member or a professional if the financial matters are complex.

 

• While the daughter’s refusal of gainful employment does not directly affect her entitlement to support from her father’s wealth (if she is a dependent and contributes to the household), it may be a factor in determining the extent of her reliance on his wealth. Another factor would be, if as the authorised guardian or carer, one receives carers allowance or related benefits then your dependency on the incapacitated person’s wealth will be reduced.

 

The guardian is permitted to use the parent’s wealth to provide for their basic needs which include food, clothing, housing, medical care, and other necessities. If the parent has dependants living with them, such as a daughter and a grandson, their basic needs can also be covered from this wealth, provided these expenses are reasonable and in line with the parent’s standard of living and financial ability, in other words what is considered customary in the community.

 

It is advisable to consult with an Islamic scholar or a local Mufti to discuss specific circumstances and details, as individual cases can vary widely, and subtle details may change the ruling. Additionally, considering local laws and regulations regarding the care and financial management of individuals with mental incapacitation is crucial too.

 

 

 

 

References:

 

[1]  إذا [كاتب] (٥) أحدهما يُخيَّر الآخر إن شاء أمضي الكتابة، وإن شاء فسخ بخلاف المريض، والمسافر متصل بقوله: «إلا أن يكون الموكل مريضا … لأن الجواب غير مستحق عليهما هنالك» (٦)، أي: لعجز المسافر بالغيبة، وعجز المريض بالمرض.

ص168 – كتاب النهاية في شرح الهداية السغناقي – في توكيل المريض – المكتبة الشاملة

 

[2]  فَالْوِلَايَةُ فِي الْأَصْلِ نَوْعَانِ: نَوْعٌ يَثْبُتُ بِتَوْلِيَةِ الْمَالِكِ، وَنَوْعٌ يَثْبُتُ شَرْعًا لَا بِتَوْلِيَةِ الْمَالِكِ، أَمَّا الْأَوَّلُ فَهُوَ وِلَايَةُ الْوَكِيلِ فَيَنْفُذُ تَصَرُّفُ الْوَكِيلِ، وَإِنْ لَمْ يَكُنْ الْمَحَلُّ مَمْلُوكًا لَهُ لِوُجُودِ الْوِلَايَةِ الْمُسْتَفَادَةِ مِنْ الْمُوَكِّلِ.

ص152 – كتاب بدائع الصنائع في ترتيب الشرائع – فصل في الشرط الذي يرجع إلى المعقود عليه – المكتبة الشاملة

 

[3]  وَلَا تَقۡرَبُواْ مَالَ ٱلۡيَتِيمِ إِلَّا بِٱلَّتِي هِيَ أَحۡسَنُ حَتَّىٰ يَبۡلُغَ أَشُدَّهُۥۚ وَأَوۡفُواْ ٱلۡكَيۡلَ وَٱلۡمِيزَانَ بِٱلۡقِسۡطِۖ لَا نُكَلِّفُ نَفۡسًا إِلَّا وُسۡعَهَاۖ وَإِذَا قُلۡتُمۡ فَٱعۡدِلُواْ وَلَوۡ كَانَ ذَا قُرۡبَىٰۖ وَبِعَهۡدِ ٱللَّهِ أَوۡفُواْۚ ذَٰلِكُمۡ وَصَّىٰكُم بِهِۦ لَعَلَّكُمۡ تَذَكَّرُونَ

 

 

 

 

Only Allah (عز و جل) knows best

Written by Alimah Saleha Bukhari Islam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham