Fatwa: # 19293
Category: Financial Transactions
Country: South Africa
Date: 3rd June 2011

Title

Am I as a son accountable for any of their misdoings on the day of Qiyaamah ? I have tried various times to remedy the situation but it seems that my mother does not want to listen.

Question

As Salaamu Alaikum Mufti,

My mother has been safe keeping my married sister's jewellery for the past few years. My sister is now in a dire financial situation and requires to sell some of her jewellery in order to by a vehicle to go to her new job.
However my mother does not want to part with the jewellery because she feels my sister and her husband will squander it.

My mother acknowledges that she is not the owner of it but still does not want to part with it.

Zakaat has not been paid on this jewellery by either party and neither wants to pay because they each feel they are not the owners of it for obvious reasons.

Please give me some advice in this situation.

Am I as a son accountable for any of their misdoings on the day of Qiyaamah ? I have tried various times to remedy the situation but it seems that my mother does not want to listen.

Answer

Assalāmu `alaikum Warahmatullāhi Wabrakatuh,

Shariah has given an adult who is sane the independent right to administer his/her personal affairs.

The jewelry belongs to your sister. She has the right to use it as she wishes. It is incorrect of your mother to withhold her jewellery from her. The zakat on the jewelry is due on your sister based on her personal financial situation.

It is best to discuss the situation with your mother openly to understand her attitude and approach on the matter. That will give you more insight on the issue.

And Allah Ta'āla Knows Best,

Muftī Ebrahim Desai

Daruliftaa
35 Candella Rd, Durban, South Africa

www.daruliftaa.net

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