Q. Who is the owner of gifts given to one’s children?
A. In the case of gifts given to a minor, there are a few rules that apply:
a. If a gift was given to the parents of the child for the ‘use of the child’, the gift belongs to the parents. In that case, the parents may use it as they wish. However, the parents should use it for the purpose and benefit of the child.
b. If the gift was given to the child as the child’s gift, the gift belongs to the child. The parents cannot do as they wish with the child’s gift. In that case, the gift must be for the sole use, purpose and benefit of the child.
c. If the gift is of no use or is not suitable for the child, the father (wali) of the child may purchase the gift from the child and do as he wishes with it. In that case, the money from the gift purchased from the child must be kept for the sole use, purpose and benefit of the child. The money may also be invested or used for the expenses of the child. (Shaami 6/709)
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa