Jamiat KZNJamiatul Ulama KZN

The Principle of Gifting

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Question

If someone says they intend to gift $100 to another person, stating they want to give up all ownership and allow the recipient to use the money however they wish, but does not physically hand over the money, Islamically, is the gift considered complete?

Answer

In principle, Islamically, a gifting transaction is only complete when the gifted person takes possession of the item gifted to them.

Therefore, in the enquired scenario, since the money was not handed into the possession of the gifted person, the gift will be regarded as incomplete. The intention of the person gifting the money is insufficient to complete the gifting. [Tabyeen-ul-Haqaa’iq 5/91]

And Allah Ta’ala Knows Best

Answered by
Mufti Muhammed Hamza Farooqui, Mufti Taahir Hansa
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