Are shares registered in the names of minor and infant children whose father has passed away – and for whom no previous sources of income or gifts are known – considered part of the inheritance, knowing that it was customary to register shares in the names of relatives to avoid reducing allocation?
It is permissible for a father to grant a gift to his children, whether they are minors, infants, or otherwise. However, his gift to those under his guardianship is not valid unless there is a customary, recognized acquisition, such as having witnesses to it. If the father registered the shares in his children's names without witnessing the transfer of ownership, it is not considered a gift to them, especially if the purpose was to acquire the largest number of shares. Therefore, these shares are considered an inheritance like the rest of the deceased's properties, and those in whose names they were written do not have exclusive rights to them unless there is a valid testimony or evidence.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 60189
- 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