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Gifting a Car

Answered as per Hanafi Fiqh by CouncilofUlama.co.za

Q: If my husband gave me a car in his life time where he said in front of 2 witnesses: “I’m giving this car to you in my life time” does that make the car mine? He now says that the car is his until he passes away then it becomes mine. What is the ruling?

A: This does not constitute a complete gift in Islam. For a gift to be complete it is necessary that the giftee takes possession of the gift. The transferring of ownership can not be deferred, hence when your husband passes away the car will form part of the estate.

If you want gift to be valid it is incumbent that you take possession of the vehicle now.

And Allah Knows Best
—
Aadiel Moosagie (Mufti)
Council of Ulama Eastern Cape
Tel/Whatsapp: +27 83 982 6968
[email protected]
www.councilofulama.co.za
@UlamaCouncilEC

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This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.

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