What are the rulings of making Hiba/ Gift of my wealth and property during my life time?

I have, Alhamdullilah only one daughter and I have 3 brothers and one sister alive. I want to make Hiba/Gift of my Wealth/property to my daughter and wife during my lifetime. I am healthy and I have no mental disability. My parents have also died long back. My question is " do I have to take prior permission from my brothers and sister before making Hiba/Gift of my wealth and property to my wife and daughter?? and if there is any condition to make this Hiba". Kindly provide Fatwa as per Sharia Ruling.

Dear Brother / Sister,

First, it should be noted that in Islamic law, “hiba” is the act of a person giving his property to another person without compensation while he is alive. Inheritance, on the other hand, is the distribution of a person’s property among his heirs after his death, according to the shares determined by Allah. These two concepts are different.

A person is the owner of his property as long as he is alive. A person of sound mind, of legal age, and capable of managing his property has the right to use it. Therefore, a person can bequeath his property to his spouse, children, or another person while he is alive.

He does not need to obtain permission from his siblings to make this donation because his siblings do not have a right to the property of a person while that person is alive. The siblings’ right to inheritance only comes into play after the death of the person and when the conditions for inheritance are met. Therefore, the approval of siblings is not required for a legitimate disposition of one’s own property made during one’s lifetime.

However, there are some important points to consider here:

1. Hiba must be a genuine donation.

The person giving his property must genuinely do so without expecting anything in return and must fulfill the conditions necessary for the donation to be valid. Transactions that are merely on paper, but in reality allow the person to retain control over the property, may not be considered a valid gift.

2. The person who donates must be of sound mind and has free will.

As it is stated in the question, if the person is healthy, of sound mind, and capable of making decisions of his own free will, the donation is valid.

3. The donated item must be delivered.

In Islamic law, one of the crucial aspects of a gift is the delivery of the donated property to the recipient and the establishment of his right to use it. It is especially important in the case of immovable property.

4. Justice should be observed among children.

It is recommended that a person act fairly when making gifts to their children. Giving one child property in a completely different and unfair way is regarded as objectionable by scholars. However, if a person has only one child and wishes to bequeath property to his spouse as well, this situation is evaluated separately.

However, it is not a righteous intention for someone to dispose of his property solely to prevent or harm certain heirs from receiving his share in the future because in Islam, intention and justice are as important as the right to property.

5. Instead of donating all one’s possessions while alive, it might be more appropriate to consider the future as well.

Although a person has the right to use his own property, it is commendable for him to consider his own future and the well-being of his family before donating all of his possessions while still alive. Islam values not only a person’s property rights but also family ties, the needs of relatives, and social balance.

Therefore, a person may choose to donate a portion of his property while setting aside another portion for future needs or to be passed on through inheritance after his death. Although it is possible to donate everything, acting in a balanced and wise manner is a more virtuous approach.

6. It is not appropriate for a person to make himself dependent on others by donating all his possessions.

As man grows older, he may face needs such as healthcare, housing, and livelihood. Therefore, while doing good for others, he must also preserve the means to meet his own basic needs and maintain his dignity.

It is not desirable, for the individual or his family, for a person to give away all his possessions and then find himself in a situation where he will be dependent on the very people to whom he made those donations. While giving alms and making donations is a good deed, it is also important for a person to preserve the means necessary to fulfill his own responsibilities.

In conclusion:

- A person can bequeath his property to his spouse, daughter, or whomever he wishes while he is still alive.

- He does not need to obtain permission from his brothers or sisters for it because the siblings’ right to inheritance only comes into play after death and when the inheritance conditions are met.

- For the donation to be valid, the person must be legally competent, have a genuine intention to donate, and fulfill the donation conditions.

- Fairness, good intention, and the protection of family relationships should be observed while donating.

- Although a person has the right to donate his property, it is more appropriate and wiser to consider his own future and the needs of his family before donating all his possessions.

- When doing good deeds for others, one should avoid making financial decisions that will leave himself in need in the future, and should preserve the means to meet one’s his own basic needs.

May Allah Almighty bless our wealth, make our family relationships righteous, and make our actions pleasing to Him.

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