Promised Grants, But Hurriedly Died

QUESTION:

AssalamualaikumWW

Ustadz Farid Numan ykc.

1. Can a father give a gift to his wife and biological children in the form of shares in their private company of 5% each, which is valid for example from January 1 2027 (unchanged before a notary, complete)

2. What if it turns out that before January 1 2027 the father dies, will the share grant still be valid on January 1 2027 or will it be canceled and all company shares will be distributed according to inheritance calculations?

3. If the grant remains valid on 1 Jan 2025, how will the business profits be distributed until 1 Jan 2027, distributed to the heirs according to inheritance calculations or what?

Jazakallah khairan

ANSWER

Wa’alaikumussalam wa Rahmatullah wa Barakatuh

Regarding grants which are valid from 1 January 2027, please remember that sharia-based grants (life gifts) are only valid if:

– There is an ijab-qabul (grant contract)

– There is qabdh (real handover)

– Done while the grantor is still alive.

If a father has signed a deed at a notary that the gift will only take effect from January 1 2027, then in essence it is not a pure gift, but rather a promise of a gift or hidden will. Because the new assets will be transferred at the specified time (in the future), not at the time of the current contract.

Then, what if father dies before January 1 2027?

If you die before the gift takes effect, then the gift is void according to the law, because the assets still belong to the father when he dies.

Then all parts become inheritance, then distributed according to the law of faraidh (heirs).

Wallahu A’lam

Farid Nu’man Hasan

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