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Rufai Oladimeji
Lagos State University
English
100Level, Nigeria.
Question

Dear Respected Scholars, Is it allowed for an
individual with substantial property to divide
the whole property between his only two
sons whilst there is no fear of death in the
near future (by usual understanding of
lifespan)? What is the ruling if there are
others who are potential inheritors still alive
like grandchildren, wife, sisters, father's wife
etc. when the division is made? What is the
ruling if the above division of wealth into his
son's names on legal document is made to
escape 'non-Islamic' civil wealth tax but the
individual retains full control of the
property, can the son's challenge the way the
property or money is handled now that it is
'legally' in their own name?

Fatwa:
All perfect praise be to Allah, The Lord of the
Worlds. I testify that there is none worthy of
worship except Allah, and that Muhammad
is His slave and Messenger.

It is permissible for a father to gift his
property to his children during his life on
the condition that he is just in dividing it
amongst them and provided they possess the
property and dispose of it as they wish.
However, in case this property did not
become in their possession and they did not
fully have the power to dispose of it as they
wish, then the gift is not valid. If he dies
upon this condition, then his property is
considered an inheritance and it should be
divided according to Islamic Law of
inheritance, whether he registered it in the
name of his children or kept it in his name.

Allah Knows best.

www.islamweb.net/en/article/154741/a-father-gifting-his-property-to-his-children-during-his-life

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