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f:1027 -    Husband gifting house to wife before death
Country : India,
Name : Himmathy
Question:     Muhammad Murshid gifted his share of house, which had been divided between 3 brothers, to his wife and gave her the possession in his lifetime itself.  She has been living in the house for almost 40 years now.  This person passed away without any children.  His wife wants to sell the house.  What is the ruling in light of the Shariah?
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Answer:     If the situation is as what has been described, then the ruling is that the gift of the house is absolutely correct, as the gift (Hubba) becomes complete with absolute possession.  As given in Radd Ul Muhtaar, Pg No: 569.

After gifting it to the wife, even the husband does not have the right of taking it back.  Now that the husband has passed away, no one has any kind of right over it all the more, as given in Al Hidayah, Vol. 2, Pg No: 290, Kitabul Hubba.

In light of this, the gifted house is the property of the wife.  She has the right to sell it or to use it in any other manner.

And Allah Most High knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
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