Q: I was told to use the below fatwa as a hilah to avoid giving zakat on jewellery, however the jewellery gift by us to our own child is the same that we wish to give them on their marriage. The questions are:
1. Is this hilah genuine?
2. Allah forbid, if the future becomes difficult and the jewellery is sold for survival before the child's marriage, what should be done?
Fatwa:
It is permissible for parents to accept on behalf of their minor children. Hence, if a minor girl's mother accepts jewellery on her behalf, she will become the owner of the jewellery, regardless of whether her mother informed her about it or not. After she becomes baaligh, zakaat will be compulsory upon the jewellery. If she did not have knowledge of her mother's accepting the jewellery for her, then at the time she comes to know, she will have to discharge the zakaat for every year from the time of puberty till the present year.
And Allah Ta'ala (الله تعالى) knows best.
Answered by: Mufti Zakaria Makada
Checked & Approved: Mufti Ebrahim Salejee
A: To use heelahs in order to defeat shar`ee objectives is impermissible.
And Allah Ta'ala (الله تعالى) knows best.
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