Introduction
A gift is a form of voluntary giving of assets by someone to another party during their lifetime, without any compensation. In practice, it is not uncommon for parents to give disproportionate grants to some of their children, either for reasons of affection, service or other factors. This behavior has the potential to cause prolonged family conflict, especially when parents have died and the heirs dispute the unfairness of the distribution. This is where Islamic jurisprudence comes in, not only to punish, but to maintain justice and family integrity.
The legal basis for grants in Islam
Al-Qur’an
Allah Drug encourages his people to act fairly in all matters, including in providing grants to children. This principle of justice is reflected in His words,
Indeed, Allah commands justice and righteousness.
“Indeed, Allah commands (you) to do justice and do good.” (QS. An-Nahl: 90)
This verse is the main basis that every Muslim action, including giving property to children, must be based on justice.
hadith
The prohibition on giving disproportionate gifts to children is based on a hadith narrated by Imam Bukhari and Muslim from the friend Nu’man bin Bashir. He ﷺ said,
Fear God and be just among your children
“Fear Allah and be fair to your children.” (HR. Bukhari no. 2587, Muslim no. 1623)
In another history, Rasulullah ﷺ said to Nu’man’s father who gave him a special gift,
Would you be happy that they are equally true to you? He said: Yes, he said: Then no
“Are you happy that they (your children) are equally devoted to you? He answered, ‘Of course’. He said, ‘Then don’t do it’.” (HR. Muslim no. 1623)
In another narrative,
Because I did not witness injustice
“I don’t want to be a witness to injustice.” (HR. Muslim no. 1623)
This hadith shows that Islam places great emphasis on parental justice towards all children in terms of giving property. The act of overestimating some children is a form of cruelty and can cause hatred and break ties of friendship.
Also read: Differences between Grants and Wills
Do grants have to be exactly the same?
Scholars differ on the details. These differences fall into two main groups:
First opinion: Haram (Hanbali and some Maliki schools)
This group is of the opinion that giving more children in grants is absolutely haram. This is a popular opinion in the Hanbali school of thought. (Al Inshaf7: 138) Their argument is based on the premise that these actions can lead to hostility, quarrels, and the breakdown of relationships. Because severing ties is haram, everything that becomes an intermediary is also haram.
Second opinion: Makruh (Jumhur Ulama)
The majority of ulama (jumhur) are of the opinion that the law is makruh (makruh tanzih), is not illegal, and the grant remains legally valid. (Islamic FatwaWeb no. 5348) They argue that the prohibition of the Prophet ﷺ in the hadith of Nu’man is irsyadi (guidance) and not an obligatory order. However, they still emphasize that fairness is strongly encouraged and discrimination is without reason syar’i is a despicable act.
May not be the same in terms of needs, not in terms of grants (gifts)
Sheikh Ibn ‘Utsaimin God bless said, “No one should give away some of his children over others, except the difference between men and women. So he gives a boy twice as much as he gives to a girl, based on the words of the Prophet ﷺ, ‘Fear Allah and do justice between your children.’
If a person gives 100 dirhams to one of his children, then he is obliged to give 100 dirhams to the other child, and 50 dirhams to his daughter. Or he withdrew the dirhams he had given to his first child.
What we have mentioned applies to gifts (grants) outside of mandatory living. As for obligatory living, he gives it to each according to his needs. If one of his children needs money to get married, then he marries him and pays the dowry because the child cannot afford the dowry, then in this condition, he is not obliged to give to the other children what he gave to the child who needs the marriage. “Because marrying off children is part of (obligatory) income.” (Islamic Fatwa3:30)
By Allah, Ta’ala.
Hope it is useful.
Also read: Summary of Wills Jurisprudence
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Writer: Junaidi Abu Isa
Article Muslim.or.id
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