Fatwa ID: 05295

Answered by: Mufti Eunus Ali

Question

Assalamu Alaikum WRWB Mufti Saheb,

Thanks for the replies & clarifications of the 3 points Alhamdulillah.

As per the clarifications we understand that the house gifted by khala (legal owner) on the instructions of the father (Islamic owner) falls somewhat under the category of Makruh Tanzihi – where the parents do not intend to harm the children or avoid giving their rights, however, there is no valid reason of preference of one child over another. 

In fact, if we observe the situation carefully there is a valid reason behind gifting the specific property to his only son, which both (A & B1) used to discuss on & off in presence of the mother (B). Several times such intentions were shared by A & B1 directly/indirectly to C, as C was taking care & looking after the concerns of all the properties after 1986 with his father & later on independently.

Together with A also gifted the property to E and to others (D / F / G) whatever was within the means of the father (A) as far as he was able to do Alhamdulillah.

Together with the matter of funds in the joint accounts, A was spending with the consent of C as and when necessary for the properties & other necessary expenditures SubhanAllah. Wallah-O-Alam. C wants to do some investments from his own funds but always hesitated due to other priorities in the row of other necessary expenditures, as son do not want to depress father due to his wishes & other responsibilities. Father (A) was the whole & sole primary operator and mother & son (B & C) were the secondary operators of the joint accounts. Father & son (A & C) never shared the details of the expenses in the joint accounts with each other, which was a favor for respect, love & feeling of sharing the responsibilities jointly. Son never demanded anything from his father and vice versa, but there were lot of expectations with each other which were fulfilled by Alhamdulillah during the lifetime of father for each other SubhanAllah. Whatever happened for the gifts was by itself and C never shared the specific relationship of father & son with anybody, as the father himself advised his son verbally for the worldly reward of his obedience & patience. Such concerns were raised and came up only in the year 2014/15 & after that when khala (B1) expired due to heatstroke.

Subsequently, such necessary personal matters between father & son were made known among all the heirs for appropriate necessary clarifications. All other inheritance related assets under the names of parents (A & B) are already processed Alhamdulillah with complicated court procedures, and now are in the process of distribution among all the heirs as per
Islamic rulings!

Contents of your clarifications of all the points (attachment by Darul Ifta) are very clear MashaAllah, but we do not want any doubt to remain alive among siblings (C / D / E / F / G) at any stage for the gifted assets by father to his children in different periods of his lifetime.

That is why we understood necessary to further clarify the prevailing situation in detail to your (Darul Ifta, Birmingham) authority.

Kindly advise, if your prestigious authority MashaAllah understands that the above-stated case still needs further necessary additional clarifications! After all, everybody has to face the day of judgment.

In the name of Allah the most Beneficent, the Most Merciful

Answer

As mentioned in the initial answer any item such as cash, properties, land, etc. gifted during the lifetime of the father to his children will become their property and will not be up for distribution with his estate.[1]

Therefore any item gifted to the son or any of the daughters during the father’s lifetime will belong to them as they have become the Islamic owners of the items and will not be distributed amongst the other heirs.

Only Allah knows best

Written by Mufti Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Raddul Muhtar, Volume 8, Page 488-450, Darul Kutubul Ilmiyyah