❀ Justice in Gifts Among Children: A Shari’ah-Based Responsibility
❀ Introduction:
Islam grants individuals the autonomy to use their wealth within the framework of Shari’ah. This includes the right to give gifts (Hibah) to one’s children during one’s lifetime. However, Shari’ah mandates justice and equality in such gifts, especially among one’s offspring. Any act of favoritism in this matter is not only discouraged but deemed oppressive and invalid.
❀ Principles of Hibah in Islam:
① Equal distribution among sons and daughters is obligatory.
② Depriving any child is injustice and renders the gift void.
③ Parental gifts must be based on fairness, not favoritism.
④ A gift may be revoked if it causes disparity without valid reason.
⑤ Excessive gifting to one child is permissible only with others’ consent.
⑥ A father can reclaim a gift given to a child.
⑦ Gifts cannot be given to an unborn child, though a will may be made in their favor.
❀ 7 Hadiths Affirming the Rule of Equality in Hibah:
① The Case of Nuʿmān ibn Bashīr (RA):
His mother requested a gift from his father. When his father gifted it, she insisted that the Prophet ﷺ be made witness. Upon inquiry, the Prophet ﷺ asked whether he had given the same to all children. When he replied in the negative, the Prophet ﷺ said:
“Do not make me a witness to injustice.”
② Command for Equity:
The Prophet ﷺ said:
“Maintain equity among your children.”
This reinforces that fairness in distribution is not optional but obligatory.
③ Direct Command for Justice:
The Prophet ﷺ stated:
“Be just with your children, be just with your sons.”
This hadith emphasizes the necessity of justice without gender or emotional preference.
④ Rejection of Unequal Gifts:
When informed of a gift given only to one son, the Prophet ﷺ asked:
“Have you given the same to all your children?”
When denied, he ordered:
“Take it back.”
⑤ Fear Allah and Be Just:
The Prophet ﷺ admonished:
“Fear Allah and be just among your children.”
This links justice to God-consciousness, underlining its religious significance.
⑥ Refusal to Witness Injustice:
Upon learning that not all children were treated equally, the Prophet ﷺ said:
“I will not witness injustice.”
⑦ Justice from Abu Bakr (RA):
He gifted his daughter ʿĀʾishah (RA) twenty Wasqs during his life. Near his death, he stated:
“Had you taken possession of it, it would have been yours, but now it is inheritance.”
This reflects his sensitivity to Shari’ah in matters of wealth distribution.
✔ Summary:
These narrations clearly establish that:
❀ Equity in gifts among children is a binding duty.
❀ Favoritism in Hibah is injustice and must be rectified.
❀ Parental justice is a religious requirement, not merely a social virtue.
❀ Ensuring fairness secures familial harmony and divine pleasure.
