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.
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.
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/