Gifts

UCount Rewards

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.

Giving the file of a property to a person without signing the transfer papers

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.

Gifting a property to one's only daughter during one's lifetime and distribution of inheritance

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.

Giving gifts on Eid

Q: Would it be jaaiz for people to give presents on Eid. I have seen some people give wrapped up presents with cards, very similar to Christmas, on the night before Eid, to the children. They have a big gathering to give this. They say that they do this because children won’t know how to spend the money properly. Would this be jaaiz? What is the status of giving Money on Eid?