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FatwaFederal TerritoriesInheritance, Wills & Gifts

AL-KAFI #1498: HUKUM HARTA BAYI YANG MENINGGAL DUNIA

What is the status of money gifts and alms received by an infant who has died, and may the parents use it to perform umrah?

Short answer

Money gifts received by the infant during its lifetime, such as at birth, legally belong to the infant and count as inheritance to be divided among the rightful heirs.

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

Money gifts received by the infant during its lifetime, such as at birth, legally belong to the infant and count as inheritance to be divided among the rightful heirs. If the only heirs are the parents, the father receives two shares and the mother one, though they may divide it equally if the heirs agree. Alms received after the infant's death are not part of the estate. The money may be used for umrah, but the cost of the infant's funeral arrangements must be settled first.

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

Pada dasarnya, hadiah wang tunai sempena kelahiran dan sebagainya yang diterimanya sebelum meninggal dunia 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. “AL-KAFI #1498: HUKUM HARTA BAYI YANG MENINGGAL DUNIA”, 3 January 2020. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/3931-al-kafi-1497-hukum-harta-bayi-yang-meninggal-dunia. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-on-property-of-deceased-infant/

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Evidence cited

Quran verses

  • An-Nisa' 4:11

Hadith

  • Bukhari 6732
  • Ibn Majah 2291
  • Tirmizi 2159

Books

  • Fath al-Bari (Ibn Hajar al-Asqalani)
  • Mughni al-Muhtaj (al-Khatib al-Syirbini)