Fiqh grant (bag. 5)

Grant is one way Islam teaches us to share and strengthen relationships. However, in practice it is not uncommon for problems when the granting wants to withdraw the gift for various reasons, such as urgent needs because of an unfair sense of giving to children, or because of changes in social relations. The question that arises later is, does Islam allow the withdrawal of the grant? Or the giver must fully give up the ownership rights that have been granted?

This problem is important to discuss because it involves two main things:

First: The importance of maintaining the promise that has been made by the giver in a contract (in this case is a grant contract).

Second: Ensuring justice in the family and society.

If the grant can be pulled back easily, new uncertainty and problems will appear. On the other hand, there are certain circumstances that make the withdrawal of grants may need to be considered. Therefore, the scholars of the four major schools provide a detailed explanation so that Muslims have a clear grip in dealing with this problem.

Explanation of the school scholars related to the withdrawal of the grant

Sheikh Wahbah Az-Zuhaily in his book, Al-Fiqhu al-Slaami, Write and include us the words of the scholars of the sect about this.

Hanafi sect scholars said that the legal consequence of grant: ownership rights of people who have been given grants to the donated objects are not binding, So the giver can pull the prize and cancel it.

This is based on the words of the Prophet Sallallaahu ‘alaihi wasallam,

Donors decent for the flame except proven

“Grant giver has more right to the grant he gave as long as the person who was given had not responded.“ (Told by Ad-Daraqutni, 3: 44 and Al-Bihahaqi no. 12382. Ibn Hajar Al-Asqalani in his book, Al-three al-Khabiir [3: 1053] said that the truth is, this hadith Mauquf To Umar bin Khattab, not the word of the Prophet)

The point is that as long as there is no reward from the person being given.

In the hadith above, the messenger of God (true is the word Umar bin Khattab) makes the giver more entitled to what he gives as long as the person given does not respond to his prize. And this hadith according to the Hanafi sect Nash (textual argument) In this problem.

The provider can receive the grant as long as there is no answer, even if it has been received or taken by the person given.

As for the majority of scholars, they argue that the grant contract is binding, Except for the father’s gift to his son, so a father can take his prize back before his son receives or receives a gift.

This is based on the words of the Prophet Sallallaahu ‘alaihi wasallam,

Back in the flame of the fire like the return of vomiting

“People who take back their gifts like people who eat back their vomit.” (HR. Bukhari no. 2621 and Muslim no. 1622)

Prophet Shoullahu ‘alaihi wasallam Also say,

We do not have examples of crime, which returned in the flame, like a dog, he returned in his vomiting.

“We do not have a bad hollow and parable, people who take back their gifts like dogs that eat their vomit.” (Hours. Bukhari no. 2622)

That is, it is not appropriate for us, O people who believe, to have the most despicable despicable nature. It is rare for a parable like this to come in the Shari’a, which shows how bad this act is. This parable uses vomiting, not other illicit things, to show how bad the act is.

Just like our souls do not like consuming our vomiting, to be disgusted and consider it dirty, as well as if our souls do not like and avoid the act of pulling back gifts.

Prophet Shoullahu ‘alaihi wasallam Also once said,

Not allowed for anyone to give the gift, so he returned to it except the father in what gave his son, and the same thing was the person who gave a gift and returned in it, as was eaten by a dog, even if he was full of meeting, then he returned and returned in his vomiting vomiting

“It is invalid for someone to give, and pull it back, except for parents from what he gives to his son. The parable of people who give gifts and pull back like dogs that eat it completely, and vomit, then licked his vomiting.” (HR. An-Nasa’i no. 3705. Sheikh al-Albani said that this hadith is valid)

The exception for parents to withdraw the grant to their children is if parents do not give the same part to all their siblings like that. He may withdraw his grant, because it is not lawful for him to give to one child without giving another child. We have discussed this previously in the Hadith of Nu’man bin Basyir Radhiyallahu ‘anhuma.

Although the majority of scholars argue that the grant agreement is binding except for grants from parents to their children, only there are slight differences of opinion between them. In the Maliki school, parents may withdraw their grants before being accepted; Whereas in the Syafi’i and Hanbali schools, parents may withdraw their grants even after being accepted. This right according to the Syafi’i school even applies absolutely in every grant given from the upper channel (parents and grandfather) to branches (children).

The Maliki school also imposed five valid conditions for withdrawing a grant from a father to his child, namely:

1) The child is not married after being given the grant.

2) After being given a grant, he does not owe for a certain time.

3) The gift does not change from its original condition.

4) The child given by the grant does not take legal action against something given to him.

5) The giver or child given is not sick. If one of the five occurs, then the father cannot take back the prize.

Conclusion

This grant is done in order to foster affection and love. As for the pure grant for Allah StoryNamely the so -called alms, then it cannot be taken back at all. The giver should also not take the gift back, either by buying it or in another way. If the gift is a tree, then he may not eat from the fruit. If the gift is in the form of an animal mount, then he may not ride it, unless back to him by inheritance.

From the explanation of the four scholars of the sect, we can understand that attracting grants is not a problem. In addition, there is the hadith of a prophet who criticized this problem. Sheikh bin Baz Rahimahullah In one of the opportunities for questions and answers with Muslims and this is listed in the book Farity Majom He was asked about this and then he said,

The verdict is that he is a sinner, and he must repent from it, and the prize is returned to the owner

“The law (an act of attracting a grant) for the culprit is sin, and he must repent from it, and return the grant to the recipient. ” (Majmu ‘Fatawa wa Maqalat Shaykh Ibn Baz, 20: 67)

Basically, the grants that have been given should not be taken again because Islam encourages us to keep our promises and maintain sincerity in giving. However, the Shari’a also provides concessions in certain circumstances, especially for parents towards their children, in order to maintain family justice and harmony.

By understanding this rule, we can be wiser in giving grants. Before giving something, you should think carefully so as not to regret later on. And if there is indeed a need to attract grants, the conditions set by the ulama to be in accordance with Islamic teachings. That way, the grant really becomes a good deed that brings blessings, not a source of problems or disputes.

Or a little bisshaab

[Bersambung]

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Writer: Muhammad Idris, Lc.

Article Muslim.or.id