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Who is the owner of gifts given to ones children?


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Q. Who is the owner of gifts given to one’s children?
 
(Question published as received)
 
A) In the case of gifts given to a minor, there are a few rules that apply:
 
1) If a gift was given to the parents of the child for the ‘use of the child’, the gift belongs to the parents. In that case, the parents may use it as they wish. However, the parents should use it for the purpose and benefit of the child.
 
2) If the gift was given to the child as the child’s gift, the gift belongs to the child. The parents cannot do as they wish with the child’s gift. In that case, the gift must be for the sole use, purpose and benefit of the child.
 
3) If the gift is of no use or is not suitable for the child, the father (wali) of the child may purchase the gift from the child. In that case, the money from the gift purchased from the child must be kept for the sole use, purpose and benefit of the child. The money may also be invested or used for the expenses of the child. (Shaami 6/709)
 
And Allah Ta’ala Knows Best
 
Mufti Ismaeel Bassa
 
Confirmation:
Mufti Ebrahim Desai
 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

 
Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
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