Gifting land to a five-year-old girl without handing over possession

Question

Question: What do the scholars of religion and the muftis of the firm Shari‘a say regarding the following: a woman named Ra’ufan had a registered sale deed made out for her land to her own sister’s daughter, Samida, by way of gift (hiba); at that time Samida was five years old. Ra’ufan is childless. Now Samida is an adult, about 25 years old. She demanded of her maternal aunt: “Now give me possession (qabd) of the land.

Answer

Sale (bay‘) and gift (hiba) are two separate things. If Ra’ufan put this land in Samida’s name by way of gift and did not give possession (qabd), then the gift was not completed. Ra’ufan’s ownership remains; Samida’s selling it to Matlub is wrong; likewise Samida’s father’s claim of ownership over it is also wrong.

Source: Fatawa Mahmudiyya

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