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ahsan28
02-17-2008, 05:50 AM
Maintaining Justice Between Children While Giving Gifts


Q. A man who has two sons and five daughters bought two plots of land. Upon the insistence of his sons, he gave one plot to his two daughters-in-law in equal shares. Now he has bought another plot of land. Should he register it to his five daughters, or should he go back to the price of the original lands? How much should he give to each son and daughter?


(Name and address withheld)

A. When his two sons asked this man to register the land in the name of their wives, they knew that they would be the actual owners. The man should have consulted a scholar before doing this. He would have been told by any scholar that he must maintain justice between his children. He cannot favor any with anything special. To favor one child over the rest is a grave sin. The Prophet called it injustice, and all injustice is forbidden in Islam. The man has one of two options.

The first, which may be easier, is to reclaim the land given to his two daughters-in-law and keep it in his own name. It will be part of his estate, which should be shared out between his heirs as God has specified. If, in the meantime, he wants to give it to his children, he should divide it between them equally.

A daughter is given the same gift as a son. She is not given half a son’s gift, because the claims of sons and daughters are equal during the lifetime of their parents.

The second option is to consider what he gave his daughters-in-law as a gift to his sons and to give each of his five daughters an equal gift. This is the only way to maintain fairness between them. Once more, the gift to be given to a daughter should be the same as the one given to a son.


Arab News
Friday 15 February 2008


http://www.arabnews.com/?page=5&sect...=16&m=2&y=2008
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