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Giving money to one’s mature and immature children

Answered as per Hanafi Fiqh by Muftionline.co.za

Q:

1. A Father gave some fixed amount of money to his wife and told her this money is for their children (mature and non mature), he also told the children that I have given your mother a fixed amount of money which is yours. The question is, in the above mentioned situation will the money belong to the children or it still belongs to the father?

2. In the above situation, can the father take the money back without asking the children?

3. If the money does not belong to the children (mature and non mature), what is the correct procedure of giving the money to the children for the wife to keep the money on behalf of the children?

Bismillaah

A:

1. The wealth of the immature children belong to them and the mature children will be the owners subject to them receiving it.

2. It will not be right to take it away from the small children, and since because the money has not yet reached the adult children the wealth still belongs to the father.

3. The immature children’s money can be kept by the mother and as for the money of the adult children the mother cannot insist on keeping the money. Yes, if the adult children of their own free will prefer this they may do so.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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