Fatwa ID: 08176

Answered by:
Alimah Shireen Mangera-Badat

Question:

Also, a few questions came from this narration in a recent Adab Al Mufrad class, I would appreciate any guidance to answer these questions:

Does the money that a parent gives their child remain the parent’s or does ownership transfer to the child?

Who is responsible for financially supporting parents after the children are married?

What is the role of a daughter in supporting her parents after she is married?

If we assume that some particulars of Shari’ah have been left to ‘Urf, which accommodates various cultures, what then is the boundary or remit from Shari’ah to prevent harm considering secular liberal values that do not necessarily have boundaries, and which can often leave parents in financially vulnerable situations?

و جزاكم الله خيرا

Answer:

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful

In answer to your question 1 — according to Hanafi Fiqh:

A father cannot take back something that he has given his child — this would be classed as a gift.[1] Such as an allowance. Now if the father has made clear that there’s some sort of control over the wealth, that will then belong to the father and not the child as it doesn’t belong to the child.

In answer to Q2 — the responsibility of financially providing for the parents is compulsory upon an individual, if they are poor, and if he can do so.

Allah Most High says:
“Your Lord has decreed that you worship none but Him, and that you be kind to parents. Whether one or both attain old age in your life, say not to them a word of contempt, nor repel them, but address them in terms of honour.” (Surah al-Isra: 23)

“A wealthy son will be obligated to spend on his poor parents, whether they are Muslims or otherwise, and whether they are capable of earning themselves or otherwise.”
(al-Fatawa al-Hindiyya, 1/564)[2]

This indicates that if the parents are in financial need and the son has the means, he is required to support them.

In answer to your third question, the daughter’s first responsibility is to her husband.

فَٱلصَّـٰلِحَـٰتُ قَـٰنِتَـٰتٌ حَـٰفِظَـٰتٌۭ لِّلْغَيْبِ بِمَا حَفِظَ ٱللَّهُ ۚ

This verse indicates that obedience to her husband is paramount, therefore, the financial burden does not fall upon her. However, if she can provide when there are no sons, from the goodness of her heart, she can give some contribution to her parents, for kindness is encouraged in the Qur’an.[3] (Surah Isra: 23)

And your last question — as to what to do really in a secular state — that is for you and your family to work out and prioritise Islam and your duties. If there is more than one sibling, maybe you should have a family chat about responsibilities and find a middle way for all to be resolved and no one individual is burdened.

I hope that this answers the question.

Only Allah knows best.

Written by
Alimah Shireen Mangera-Badat

Checked and approved by
Mufti Mohammed Tosir Miah
Darul Ifta Birmingham

[1] قال أصحابنا: إذا وهب الأب لابنه لم يصح له الرجوع، وكذلك كل ذي رحم محرم

ص3821 – كتاب التجريد للقدوري – مسألة هبة الأب لابنه وحكم الرجوع فيها

[2] “يجب على الابن الموسر نفقة والديه المعسرين، سواء كانا مسلمين أو غير مسلمين، وسواء كانا قادرين على الكسب أو غير قادرين.”

هذا الحكم يؤكد وجوب نفقة الابن الغني على والديه المحتاجين، بغض النظر عن ديانتهما أو قدرتهما على العمل

[3] ۞ وَقَضَىٰ رَبُّكَ أَلَّا تَعْبُدُوٓا۟ إِلَّآ إِيَّاهُ وَبِٱلْوَٰلِدَيْنِ إِحْسَـٰنًا ۚ إِمَّا يَبْلُغَنَّ عِندَكَ ٱلْكِبَرَ أَحَدُهُمَآ أَوْ كِلَاهُمَا فَلَا تَقُل لَّهُمَآ أُفٍّۢ وَلَا تَنْهَرْهُمَا وَقُل لَّهُمَا قَوْلًۭا كَرِيمًۭا ٢٣