Am I entitled to claim the gold my mother took from me, whether it is still with her or was paid in advance for an apartment in my father's name?
Resolving disputes falls within the judiciary's purview, as it is best equipped to hear all parties and issue a judgment based on evidence. A cannot do this because he hears only one party.
What can be stated: 1. A father is permitted to revoke a gift he gave to his child, based on the Prophet's (peace be upon him) saying: "It is not lawful for a man to give a gift and then take it back, except for a father in what he gives to his child." 2. It is a religious obligation to treat children justly in gift-giving. Whoever favors one child over others without a valid religious reason has sinned. Scholars differed on the validity of such a gift. Some said it is void and must be returned to the inheritance after the giver's death, and that the one who was favored is not permitted to take the excess and must share it justly with his siblings.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 192209
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy