Question
If the husband gives the wife his home (for example) but does not transfer it on her name to avoid the transfer duty, is it regarded as given according to Shari’ah?
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
The husband may gift his house to his wife during his lifetime by relinquishing all his rights over the house. The wife must also accept the gift. Having done so, according to Shariah she will be the owner of the house even though the house would have been on the husband’s name. In order to avoid any problems in the future, the transaction of gifting should be reduced to writing and witnessed accordingly. If the husband pre-deceases the wife, the house will be excluded from the husband’s estate.
And Allah knows best
Wassalam
Darul Iftaa, Madrassah In’aamiyyah
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