Fatwa ID: 05679

Answered by: Alimah Sofia Mirza

Question:

How is a piece of land gifted under sharia law? If the owner writes on a blank paper that his piece of land is gifted to his brother and signs it, even though the land document paper(title deed) is still in the original owner’s name. After this action of signing and writing the ownership matter on a blank paper, who will be the owner of this piece of land, the original owner or his brother

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

Answer:

The process of gifting someone something and the ownership be transferred during the lifetime of the owner is called Hibah, process Hibah is that the person gifting should specify and say for example “I am gifting this thing to this person” and for the gift to be transferred to the ownership of the person who is receiving the gift he must accept it, thereby the gift will be transferred from the person gifting to the other[1]. In the case of the land if you have followed this process and instead of saying it verbally, you have mentioned it is written from and signed it this will also be a verification of gifting and acceptance as writing is an authenticated mode like speaking and communication according to Shariah[2]. After both parties have signed the paper, the land will be gifted to the brother and so will the ownership be transferred to him.

Only Allah knows best

Written by Alimah Sofia Mirza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Fatawa Al Hindiyyah, Darul Kutub al Ilmiyyah, Vol 4, Pg. 417

ركنها قول الواهب وهبت لأنه تمليك وانما يتم بالمالك وحده والقبول شرط ثبوت الملك للموهوب له

[2]Qawaaid Fiqhiyyah, Darul Tirmizi, Pg. 52.

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