Ownership of an asset registered in the name of another

Nasihah (Advice): Gifts create love amongst one another

Sayyiduna Abu Hurayrah radiyallahu anhu reported that Rasulullah (sallallahu ‘alayhi wa sallam) said: “Give gifts to each other and you will love each other.” [Al Adab Al Mufrad]

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Question and Answer:

1. What is the status of a property that I bought with my own funds and for business reasons I put it in my wife’s name:

1. Can I ask for it back at a later stage?
2. What If I pass away then will that property form part of my estate?

1. A. 1) Can I ask for it back at a later stage?

If you intended to make a gift (hiba) of the property to your wife at the time of purchase, then the property legally becomes hers, and you do not have the right to reclaim it. In Islam, a gift once given and accepted cannot be revoked except in very limited circumstances.

However, if you did not intend to gift the property to her but merely used her name for convenience or business reasons while maintaining your ownership, then the property remains yours. In such a case, you can request the property back at any time, and your wife is obliged to transfer it back to you.

2) What if I pass away? Will that property form part of my estate?

If the property was intended as a gift to your wife and she accepted it, it will be considered her property. In the event of your death, it will not form part of your estate but will remain with her.

Conversely, if the property was not intended as a gift and remains under your ownership, it will form part of your estate upon your passing. The property will then be distributed according to the Islamic laws of inheritance, where your wife, children, and other eligible heirs will receive their prescribed shares. (Fiqul Buyoo 1: 404)

To ensure clarity and avoid any disputes, it is recommended to document your intentions explicitly in writing.

And Allah Ta’ala Knows Best

Mufti Moosa Salie

Mufti Taahir Hansa

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

Fatwa Department
Jamiatul Ulama (KZN) 
Council of Muslim Theologians
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Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
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Website : www.jamiat.org.za