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A person is alive and owns some real estate property. He/she has some children also. None of the children contributed to buy or build this property. Does his/her children have any Shara’ee right to object

Answered according to Hanafi Fiqh by Askimam.org

A person is alive and owns some real estate property. He/she has some children also. None of the children contributed to buy or build this property. Does his/her children have any Shara’ee right to object if this person during his life decides to:

1. Sell a portion or entire property to one of the children.

2. Sell a portion or entire property to some one outside of the family.

3. Gift a portion or entire property to one of the children.

4. Gift a portion or entire property to some one outside of the family.

5. Waqf a portion or entire property.

Highly appreciate your response on the issue.

Answer

There are two issues regarding your query; a) Rights in one’s property, b) Children and equality.

Shari’ah has given an individual complete right over his wealth. This is obviously within the rules of Shari’ah. Shari’ah has also emphasized to maintain equality among one’s children. It is not correct to give preference to one child over the other in terms of voluntary actions. For example, it is not permissible to give a gift to one child more than the other. Inequality from the side of parents breeds hatred and jealousy.

Based on the above two principle, it is permissible to carry out points 2, 4 and 5 of your query. It is your wealth and you are selling it or gifting it to an outsider. You could also make Waqf of your property. There is nothing un-Islamic in that. Points 1 and 3 should be examined in light of the above two stated principles. If you sell your property to one of the children at a fair market price and there is nothing that will cause division among your other children, for example, another child wanted to buy the property, etc. then it is permissible. It is not correct to give a property as a gift to one of the children and exclude the others.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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