Fatwa ID: 08190

• Answered by: Moulana Ateiq-ur RehmanQuestion:Message Body:
  Assalaamu Alaykum,

  Please advise on the Shar’ee ruling regarding the utilisation and spending of the wealth of a mentally incapacitated Parent.

  Said Parent is suffering from Alzheimers Dementia, also known as Senile Dementia.

  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?

  Divorced daughter has a part time job/income and is primarily responsible for cooking for Parent, as there is a fulltime caregiver assisting Parent to do the everyday tasks.

  Daughter’s part time job involves using electricity and resources of the Parent’s home.

  Daughter has in the past refused an opportunity for gainful employment.

  What level of spending is the daughter entitled to from the said Parent’s wealth?

  Is she allowed to entertain guests using the Parent’s wealth?

  Is she allowed to send cooked foods to her son, who does not reside with her, using the Parent’s wealth?

  Is she allowed to fill petrol in her vehicle, of which most of the driving is for personal use?

  Answer

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

  السلام عليكم ورحمة الله وبركاته

  Allah mentions in the Qur’an:

  “Do not entrust the incapable ˹among your dependants˺ with your wealth which Allah has made a means of support for you—but feed and clothe them from it, and speak to them kindly.” (Nisa:5)

  From this Ayah it is apparent that a parent can entrust financial responsibility to their children, however, care should be taken in ensuring that the child is capable of taking on the responsibility.

  In Shariah, a family member can be named as power of attorney to be responsible for taking care of the wealth and possessions of a mentally incapacitated person. This responsible person can only spend the wealth and use the assets of a mentally incapacitated person for the benefit of that person and not for personal gain or benefit.

  To answer your question: The wealth of a mentally incapacitated parent is considered protected, and it is not permissible for anyone to use it without necessity and just cause. Expenditure should be strictly limited to the needs of the parent and their direct financial dependents.

  The divorced daughter is not an Islamically mandated dependent of her parent unless she has no means of financial support.
  The grandson residing with the grandparents is not a dependent unless he is a minor and has no other guardian.

  Using the parent’s wealth for the daughter’s personal expenses, entertaining guests, sending food to her other son, or filling petrol for personal use is not permissible unless explicitly allowed by the parent before their mental incapacity or through a legal guardian managing their estate.

(مَادَّةُ ٩٦٦) لَا تَصِحُّ تَصَرُّفَاتُ الصَّغِيرِ غَيْرِ الْمُمَيِّزِ الْقَوْلِيَّةُ مُطْلَقًا وَإِنْ أَذِنَ لَهُ وَلِيُّهُ.

(مَادَّةُ ٩٦٧) يُعْتَبَرُ تَصَرُّفُ الصَّغِيرِ الْمُمَيِّزِ إذَا كَانَ فِي حَقِّهِ نَفْعًا مَحْضًا وَإِنْ لَمْ يَأْذَنْ بِهِ الْوَلِيُّ وَلَمْ يُجِزْهُ كَقَبُولِ الْهَدِيَّةِ وَالْهِبَةِ وَلَا يُعْتَبَرُ تَصَرُّفُهُ الَّذِي هُوَ فِي حَقِّهِ ضَرَرٌ مَحْضٌ وَإِنْ أَذِنَهُ بِذَلِكَ وَلِيُّهُ

وَأَجَازَهُ كَأَنْ يَهَبَ لِآخَرَ شَيْئًا أَمَّا الْعُقُودُ الدَّائِرَةُ بَيْنَ النَّفْعِ وَالضَّرَرِ فِي الْأَصْلِ فَتَنْعَقِدُ مَوْقُوفَةً عَلَى إجَازَةِ وَلِيِّهِ , وَوَلِيُّهُ مُخَيَّرٌ فِي إعْطَاءِ الْإِجَازَةِ وَعَدَمِهَا فَإِنْ رَآهَا مُفِيدَةً فِي حَقِّ الصَّغِيرِ أَجَازَهَا وَإِلَّا فَلَا

مجلة الأحكام العدلية   p187 (المكتبة الشاملة)

(مَادَّةُ ٩٧٨) الْمَعْتُوهُ فِي حُكْمِ الصَّغِيرِ الْمُمَيِّزِ

(مَادَّةُ ٩٨٠) تَصَرُّفَاتُ الْمَجْنُونِ غَيْرِ الْمُطْبِقِ فِي حَالِ إفَاقَتِهِ كَتَصَرُّفَاتِ الْعَاقِل

مجلة الأحكام العدلية   p190 (المكتبة الشاملة)

Only Allah (عز و جل) knows best.

Written by Maulana Ateiq-ur Rehman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham