Menghibahkan Seluruh Harta Untuk Putrinya - Ustadz Dr Syafiq Riza Basalamah MA

Summary

This video discusses the Islamic perspective on inheritance and gift-giving, specifically focusing on a father's decision to give away his property to his daughters while still alive. The speaker emphasizes the importance of fairness when distributing gifts, especially between male and female children. It also highlights the Islamic rule on bequests, noting that a bequest can only account for up to one-third of one's wealth. The speaker advises parents to be cautious in their intentions, ensuring they don't intentionally deprive others of their inheritance. Ultimately, it stresses the importance of considering the potential benefits and the impact of decisions on family dynamics.

Takeaways

• 😀 A father can give his wealth to his children during his lifetime, but he must be fair to both sons and daughters.
• 😀 Giving away property during life is called a 'hibah' (gift), not inheritance, and it should be done equally for male and female children.
• 😀 If a father gives away all his property to his children (who are all daughters), the remaining assets should be shared fairly among them.
• 😀 The father’s intention should not be to deprive his children of their inheritance but to provide for them while ensuring fairness.
• 😀 Inheritance for daughters is typically less than for sons in traditional Islamic law, where daughters receive half the share of sons.
• 😀 If the father gives his wealth as a hibah to his children, it should not be for the purpose of preventing the siblings from receiving their rightful inheritance.
• 😀 When giving away property, it is important that the father ensures his daughters are still provided for according to inheritance laws.
• 😀 A father may decide to give all his wealth away, leaving only savings for himself, but he must do so without intending to harm his children’s inheritance rights.
• 😀 Islamic law places importance on fairness when dividing wealth among children, whether they are male or female.
• 😀 A father’s decision to distribute his wealth before death must not be motivated by a desire to avoid sharing inheritance with his children.
• 😀 Parents should keep in mind that if they give too much to their children during their lifetime, it could affect the fairness of inheritance when they pass away.

Q & A

What is the difference between hibah and inheritance in Islamic law?

Hibah refers to a voluntary gift given by a person while they are alive, and it does not necessarily follow the Islamic inheritance laws. In contrast, inheritance is a legally mandated distribution of a deceased person’s estate according to Islamic law, which specifies portions for heirs.

Is it allowed for a father to give all his property to his daughters during his lifetime?

Yes, it is allowed for a father to give all his property to his daughters while he is alive. However, if the intention is to deprive his sons of their inheritance, that would be unjust. The gifting must be done fairly, ensuring equity between male and female heirs.

What should be the basis for giving property to children, according to the speaker?

The distribution of property to children should be done fairly, with equal treatment for both male and female children, unless there is a valid reason for a different distribution.

What is the Islamic ruling if a father gives all his property to his daughters but not to his sons?

The father may give all his property to his daughters, but if this is done to intentionally deprive the sons of their rightful inheritance, it would be considered unjust. The action would be acceptable as long as it is not aimed at harming the sons' inheritance rights.

What does the speaker say about the situation where a father has no property left to pass on?

If a father has no property left to pass on, he may live with his children, and this is not an issue, provided there was no intention to harm the inheritance rights of the other heirs.

Can a father give more than one-third of his wealth to a child through a gift?

According to Islamic law, a father can give up to one-third of his wealth to anyone through a gift (hibah) while he is alive. However, the portion given through a will after death is limited to one-third of the total estate, and the remaining two-thirds must be distributed among the rightful heirs.

What are the consequences of depriving children of their inheritance in Islam?

Depriving children of their inheritance, particularly when done with the intention to harm or prevent rightful heirs from receiving their due share, is considered unjust in Islam and can have negative consequences, both spiritually and legally.

Is it permissible for a parent to choose how to distribute their wealth while they are still alive?

Yes, a parent has the right to distribute their wealth as they see fit during their lifetime. However, fairness must be observed, especially when distributing to children, ensuring that all heirs are treated equitably.

Can an individual give a bequest (wasiyat) to someone who is already an heir?

No, an individual cannot give a bequest (wasiyat) to someone who is already a legal heir. If the heir has already received their share of the inheritance, a wasiyat would not be allowed to increase their portion.

What does the speaker suggest about the potential benefits of giving wealth to siblings instead of children?

The speaker suggests that sometimes giving wealth to siblings (who are not direct heirs) could be more beneficial, especially if the sibling uses the gift for charity or in a way that benefits the giver’s family. However, this must be done with careful consideration of Islamic law and fairness.