QA-ID-0083
QUESTION
Wanted to ask a quick question and the islamic perspective behind this.
My friend has asked me to find out from a religious scholar so though i should I ask you if that is okay. My friend has had a new born and his relatives are giving him gifts such as large sums of money but he is saying his mother is taking the money of him as she is saying that she will need to payback the relatives when there is a happiness in their house. In Islam is that allowed. Would the money given by relatives be classed as the new borns property. Any guidance would be appreciated. Jazakallah Khair.
ANSWER
﷽
The short answer is that gifts given on the birth of a newborn child, which can only be used by or for the child, such as toys, cots, baby clothes, etc., belong exclusively to the newborn child. The father (legal guardian) takes possession of these gifts on the newborn child’s behalf. By doing so, the gift is considered complete.
As for money given to the parents, this belongs to the parents of the child because, in our custom (‘urf), money given on the birth of a newborn child to the parents is intended for them, even if given in the name of the child. This money is intended as a gift, not a debt.
In any case, the mother of the child’s father has no claim to this money.
[See books of fiqh, chapter on hiba (gifts); Bahār e Sharī’ah 14/78-80]
والله تعالى أعلم
And Allāh Knows Best
Muhammad Kalim Misbahi
