Fatwa ID: 03489
Answered by: Maulana Naieem Mohammad
Question
Is giving the rent that is coming in from the tenant (as it is being rented out), on a monthly basis for a while to the wife, not strengthening the point towards qabdhah حكماً , even though the official paperwork is not in her name?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Due to the vagueness of the above question, we may consider the above situation referring to:
- Either the granting of Mahar in cash
- The husband giving ownership of an apartment to his wife
Scenario #1:
Collecting rent is one of the three sources of acquiring wealth that the shariah acknowledges.[1]
If the Mahar that was agreed upon is a fixed sum of wealth then it will be permissible to give the wife such wealth in monthly instalments if the following conditions are met:
- The husband does not have any other halal source of funds or he has other sources, but they cannot meet the demand of the Mahar.
- The wife agrees to the instalments and doesn’t demand them all at once.
- The Mahar that was agreed upon at the time of nikaah was cash and not some other form of wealth or property.[2]
Scenario #2:
The condition for the validity of a gift is the permission from the owner to the person receiving the gift to take possession of it.[3]
A gift must also be given without a time delay, i.e. immediate transfer of possession has to take place [4] and it must be considered as a form of value, wealth or property. Thus the gifting of something like a pig etc. is not allowed.[5]
If the ownership of the apartment is to be given to the wife, then there has to be a way of her proving her ownership of such apartment, either in writing or in the presence of two valid witnesses. If in the future any dispute arises concerning the ownership of the apartment or inheritance of it, the wife will have sufficient evidence.
From the above, we conclude that the mere giving of the monthly rent that is collected from the tenants will not be considered as Qadha (of the ownership of the apartment); rather it may be considered as nafaqah (monthly allowance is given to the wife).
In order for the ownership of the apartment to be valid, the husband has to clearly and specifically mention it in the presence of valid witnesses or have it documented in written form.[6]He may use the words such as;” I have gifted you this, or I have given this to you or I have transferred ownership of this to you etc.”[7]
The wife taking physical Qadha of the Maher or the gift of the apartment will not be a condition in these instances.
In conclusion, please consider the meaning of the following hadith:
Abu Huraira reported: The Prophet, peace and blessings be upon him, said, “Give each other gifts and you will love each other.”[8]
Only Allah knows best
Written by Maulana Naieem Mohammad
Checked and approved by Mufti Mohammed Tosir Miah
