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Equality in gifting to children

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My in laws have recently ‘gifted’ their properties to their children within their lifetime in a manner which has not accounted for their most dutiful eldest son, who has financed many cash injections of daily expenditures for his parents and siblings (education, travel, groceries, shopping) over a span of 3 decades such that these properties could be amassed has been exploited yet again. He sacrificed his education, his work shifts everything he wanted to achieve, whilst contributing to educating, marrying all his siblings from abroad and who are now settled abroad. This particular son is in major debt crisis due to a national recession. Despite this knowledge my in laws have dustributed their properties unfairly.

Dont children who are more needy, facing debt crises and are middle aged, unmarried females late thirties, or child who dont own any property of their own have more priority than children who already own investments and their own property?

How does this inequality in distribution be explained in Islam? Gifting is at the gifters discretion, but a parent continuously exploiting one particular child who has sustained their wellbeing, lifestyle, needs, all sibling responsibilities and ignoring 2 further other needy siblings isnt that haram?

Are parents accountable for such unfairness towards children?

Bismillaah

A: Parents should be just towards their children.

If they have done this for some valid reason then they will not be accountable.

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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