Firstly, the fundamental rule of actions is that (the words of those who are legally accountable are to be implemented), so contracts are valid unless there is something that invalidates them, and promises are valid unless there is something that invalidates them.

A legally accountable person cannot be prevented from disposing of their property during their lifetime except for a legitimate reason such as debt until the creditors’ rights are fulfilled, or a disqualifying mental condition such as insanity or incompetence. In fact, the Ḥanafī scholars did not consider some certain conditions that diminish competence out of respect for the dignity of the accountable person.

Therefore, a legally accountable person has the right to dispose of their property as they wish; through sale, donation, grant, or gift, and they can favor whom they wish with some of these gifts. They cannot be prevented from doing so during their lifetime except for the reasons we have mentioned.

Secondly, no one has a right to inheritance until the cause of inheritance, which is death, occurs. There is no inheritance during one’s life, and this is a common mistake among people. Inheritance is the transfer of ownership after death, and before death, there is no right or ownership.

Therefore, those expecting an inheritance cannot restrict the actions of the one from whom they are expecting inheritance; otherwise, this would be considered an invalid declaration of incompetence, as we have explained. The inheritor does not need the permission of the expected heirs to execute a certain contract during their lifetime.

Therefore, this lady is permitted to give to whomever she wishes during her lifetime, provided that it is not done in the form of (waṣiyyah li-wārith) a will to an heir. If she disposes of her property during her lifetime, it is legally valid in all circumstances and is only subject to religious scrutiny. If there is justification for her actions, she is free of sin; otherwise, she is guilty of injustice. In any case, the action is legally valid.

The evidence for this is what I referred to firstly, and from tradition, the ḥadīth of Abī Bakr concerning the gift to ῾Aā᾽ishah, and the ḥadīth of An-Nu῾mān ibn Bashīr, among others.

Fatwa issued by Dr. Khālid Naṣr