Gifts

Ownership of gifts given when a baby is born

1 week ago By user2

Q: I would like clarification on the following points: 

1. Is it necessary to ask regarding ownership of gifts when a baby is born? 

2. As far as I know and understand, if a gift is given to the child themself, it cannot be used for other siblings or given away when old but has to be kept until they can decide what they want to do with it, is this correct? 

3. In my situation, I tried to explain the above to my in-laws when they gifted a cot, asked them to clarify whether it belongs to my husband or the child (who was not yet even born). I explained also why and how it affects in future. But they insisted they want to gift it to the child not my husband but they want us to use it for our future kids. Mentioned that in their days that's how it was understood and money or jewellery was kept only for the child themselves. 

Seeing as they weren't understanding we didn't push the issue but they mentioned clearly that it belongs to him so we decided we'll cover the cost so it belongs to my husband and that way we can use for our future kids or give away when old. 

Now when the baby is born they gave clothing as gifts and when I enquired as to who it belongs to, they replied that it's his and if we don't want can return and keep money for him but we can use for future kids. 

Do I take that to basically mean that it's his and we'll have to replace his things in order to use for other children or give away? I don't wish to mention anything further as that may irritate them. 

4. Is it permissible/possible to gift an item to an unborn child?

Iddat of a Shaafi woman who does not experience haidh

2 weeks ago By user2

Q: I have a query about the giving of property. 

About 2 years ago, we came to know that my father had taken a second wife, in secret. This nikah had already been performed a year prior to us coming to know. When this happened, my father gave our house to my mother. We formulated a document to officiate it. This is the wording of the document: 

I, So and so, ID no so and so have given my wife so and so ID no so and so ownership of property address and vehicle registration number so and so, on Wednesday 19/06/2024. The contents of property will also be transferred to my wife, with the exclusion of certain items documented on page two/2. Upon transfer, All future rates, maintenance and associated expenses will be covered by myself in full. 

My father signed this, and it was witnessed and signed by his 3 adult, sane children. 1 male, and 2 females. My mother also signed. This property is still in my father’s name. 

After about a year, that nikah had ended in divorce. My father is saying now, that since that nikah ended, he will not be giving the above property and vehicle to my mother. The only reason he was going to give it was if he had 2 wives. 

Islamically, who does the property belong to? 

2. There is also another thing that I wish to query. We are Hanafi. The ex second wife is a Shaafi. She is around 40, and menopausal according to my father. He does not have any children from her. What is the duration of her iddat, and does it affect the inheritance laws in any way?

Accepting a car which is insured as a gift

5 months ago By user2

Q: A person’s parents bought and gifted him a car. The car is under insurance. This person does not want the insurance and told his parents to take it out. His parents do not want to remove the insurance. 

1. Is it permissible for him to use and drive the car? 

2. If he meets in an accident and the insurance pays for the damages of the car and the car gets fixed, will it be permissible to drive the car after it has been fixed. This person does not want the insurance and he told his parents to remove it but they don’t want to.

Gifting a portion of one's share in properties to one's daughters

8 months ago By user2

Q: Please assist with query below: 

Ismail and Ishaaq are partners in purchasing properties. They have 10 properties that are owned jointly by their company. Both of them own a 50% share. Ishaaq wants to give his two daughters a 25% share each of his 50% share (which is effectively 12.5 % of the entire company to each daughter). 

1. Will Ishaaq need Ismail's permission to do this? 

2. Will an ordinary offer and acceptance of this gifting be valid? Considering it is spread over few properties and jointly owned, how can he otherwise pass on ownership? 

3. If he sells the share to them at a minimal price instead of gifting it, will it be valid e.g. the share is worth R1 million, and he sells it to them for R1000, will this be valid?

Participating in a game named secret sheep for eid which was derived from the game secret santa

9 months ago By user2

Q: Knowing that giving gifts is of great merit and is encouraged in Islam... 

Is it permissible to participate in a game named as secret sheep for eid which people exchange gifts... since it was derived from the name secret santa and the rules etc. all are derived from the secret santa (done on Christmas).

Gifting land to one's son during one's lifetime

9 months ago By user2

Q: My grandfather has several children. He had bought some pieces of land on his 3 eldest sons' names. While he was alive he sold two of the plots of land of those two sons' marriage expenditures, but kept the third plot as it is. 

Also, my grandfather did not buy land for his remaining children, but he however left behind a house without a will. 

Now, my grandfather is no more. The 3rd plot of land was bought on my father's name and is still on his name. But my father's siblings are now asking for a share in his plot of land. 

My question is whether they are entitled to any share in my father's land?

Gifting a piece of land to one's wife without transferring it legally

1 year ago By user2

Q: I own a piece of land that I purchased. I would like to transfer it to my wife's name, but I am unable to do so at the moment because I don’t have the funds to cover the expenses. My questions are: 

1. If I verbally inform my wife that I am giving her this land, would this transfer be legally valid even though the documents are still in my name? 

2. If this verbal transfer is valid, can I inform my parents and siblings that the land belongs to my wife? I have no children, and I want to ensure that they have no claim to it in case I pass away. 

3. Transferring property can sometimes take a long time. Is it possible for me to create a will with a notary to address this matter? 

Subscribe to Gifts