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FatwaFederal TerritoriesInheritance, Wills & Gifts

harta hibah kepada anak angkat

Can an adopted child keep a house that the adoptive parents gifted to her during their lifetime when their biological children demand its return?

Short answer

The transfer of the house to the adopted child is valid because it is treated as a gift (hibah) and not as inheritance.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Al-Kafi li al-Fatawi
Topic
Inheritance, Wills & Gifts

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

The transfer of the house to the adopted child is valid because it is treated as a gift (hibah) and not as inheritance. The biological children of the adoptive parents therefore have no right to claim it as inheritance unless the adopted child hands it over voluntarily. The ruling advises parents to make the gift known to their biological children, secure witnesses and complete the transfer while still alive to avoid disputes and suspicion.

Written in our own words from the original fatwa — check the source before acting on it.

Sah transaksi pindah milik rumah kepada anak angkat tersebut kerana ia dianggap hibah dan tidak dikira sebagai harta pusaka.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “harta hibah kepada anak angkat”, 18 January 2016. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/1718-harta-hibah-kepada-anak-angkat. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/hibah-house-to-adopted-child/