Q: This is a matter related to gifts and inheritance. I am married, with no children. I have adult brothers and sisters. I have decided to give with immediate effect all may assets, wealth, future earnings, including the pension I am accruing at work, to my wife. She will be the sole owner and final decision-maker. Of course, she may consult me if she wishes to and I may express as an opinion, but ultimately she will take the decision. However, the assets etc will remain in my name under secular law because of the huge legal and financial implications in transferring ownership. But my intention is clear: I want to give everything to my wife now, and I will see her as the owner and write a document to this effect and respect her right to take decisions. Will such a transfer of ownership be valid or invalid in shariah? I will appreciate your guidance.
A: If she has total control over the assets given to her it will belong to her. Those assets that have not come into your control, they cannot just automatically go to her. They have to come into your control and thereafter you may transfer the asset to her. However, it is permissible for you to make her a beneficiary of your pension etc.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)