Gifts

Q: My mother passed away this year and left behind her house which she gave to me while she was alive (verbally) and at that time, it was accepted by my siblings, now after my mother's death, they have changed their attitude and claimed their right of inheritance.

1. Is their claim valid?

2. My eldest sister is living in the house as her house is being renovated. Should she be paying rent?

3. The property collects rent which they have been collecting and I have requested my share in the rental, is that correct?

4. Can I be denied my right of inheritance because certain family members dislike me?

5. My father passed away when I was 6. He left a Kruger coin for me which I left with my mother, after her death, my sister is denying it to me and says that my mother left it for my sons, is this correct?

Q: I was studying Arabic and my sister, who was about 11 or 12 years old, gave me an Arabic learning book that my uncle gave to her. I would use this book for my class and then at some point after, I mentioned to my father that she gave me the book and my father didn’t object to that.

I have recently been told that this was not a valid gift and a Wali can’t hand over the property of the child and that the gift of a child to an older person is not permissible. The father is also not allowed to give or allow the gift of his child without something in return. If at the time I thought this was valid, such as the Wali knowing (my father), what should I do?

Q:

1. Should we accept gifts when completing hifz (the memorization of the Quraan)?

2. If yes, should we ask those (who are going to gift us) for gifting us something which will be a  means of sadaqa jariya for them instead of some general gifts?

Q: In Islamic law, how is a piece of empty land with no house constructed on it gifted?

Is the land register document required to be handed over to the recipient alongwith a verbal statement or just a verbal statement is sufficent?

Q: I currently Bank with Standard Bank. I read Mufti saheb’s fatwa regarding UCount rewards and have since abstained Alhamdulillah. I informed my parents as well, however, they received the following explanation from the Mufti that advises the bank:

“With reference to the rewards programmes of the different banks and the opinion of the Mufti: The Shari’ah Advisory Committee of Standard Bank have reviewed the uCount programme of Standard Bank and have confirmed that the concept and structure conforms to the requirements of Shari’ah. The Mufti draws his conclusion from the understanding that rewards are issued against a loan advanced which is an incorrect understanding of the programme. We agree that a deposit in a bank that is not structured in a Shari’ah manner is a loan to the bank. We however do not agree that rewards are earned based on the deposit/loan to the bank; hence the reward is interest. If the understanding of the Mufti was correct, it would mean that clients with the largest deposits would earn the highest rewards, which is not the case. Rewards are earned based on the usage of the card. The usage of the card is an independent transaction which attracts a separate fee (noted as point of sale fees in the Muftis response) and is not linked to the deposit.

The same would apply when using a credit card, rewards are earned based on the usage of the card and not the amount used There are also other factors that determine how and why rewards are earned. Point no.3 above relates to the primary consideration and not the only consideration.”

Please can Mufti saheb offer some clarification so I can explain to my parents regarding the impermissibility of UCounts.

Q: There is a situation please guide:

Under shariah law, is it true that if a man gives the file of his property to someone and verbally says to that person that by giving his file to him he has become the owner of his property without signing the transfer papers. Is it true that in this case the one given the file will become the owner of the property eventhough the transfer of ownership papers were not signed rather only the file was handed over?

Firstly, when the original owner handed over the file he did intend to give the property to his brother. Obviously along with his actions, he is also required to express his intention in words to complete the transaction islamically. The words that he used while giving the file were only "I intend to" he didn't complete the sentence by saying "give the property to his brother". So in such a situation will his actions and words that he used do they denote the transfer of the property?

Secondly, the original owner is refusing to sign the transfer documents because he says that he is still the owner of the property and wants to keep it for his children's future. If the recipient is given the transfer document his children will be deprived of the asset. He says, until he signs the papers, he still remains the owner of the property while his brother believes he is now the actual owner of the property. From the shariah point of view whose stance is correct?  This has caused a dispute in the family, hence clarification will be required in the matter.

Q: If the in-laws give gold jewellery to their daughter in law on her wedding, do they have the right to take it back in any situation? Or will the jewellery belong to the daughter-in-law only? Will that jewellery belong to the girl's husband or the girl is the sole owner of the jewellery?

Q: Is it permissible to accept, keep and live in a property gifted from an apostate?

Q: Is gifting specifically at the time of eidul fitr part of deen?

Q: I have only one daughter. I own a house and no bank balance.

1. Can I gift the house, my complete property to my daughter in my life and give full control over it to her? Can we stay with her in that house only after giving her the full control over it? I have heard that a gift can be given from 1/3rd of the property and a gift can be given to non heirs.

2. If I don't give the gift, what will be the shares of my only daughter and wife?

3. I had two brothers and two sisters out of which one brother has passed away. So what will be the share of my remaining brother and two sisters in my property?

4. Will my nephews and nieces inherit from my property as their father is no more?

NOTE: Please answer all these questions in the light of my case as I have only one daughter and no sons.