Rasulullah Sallallahu Alaihi Wasallam said, “Exchange gifts, you will generate mutual love.” [Sahih Bukhari]
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:
A. 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
Mufti Muhammed Hamza Farooqui
Mufti Taahir Hansa
Fatwa Department
Jamiatul Ulama (KZN)
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)