Son wants to build house on father’s land as a gift
| Fatwa #2375 | Category: Miscellaneous | Country: Zambia | Date: 23rd July 2026 |
| Fatwa #2375 | Date: 23rd July 2026 |
| Category: Miscellaneous | |
| Country: Zambia | |
Question
Assalamualaikum warahmatullahi wabarakatuh
Respected mufti sahib
Person A owns a property (land) and his son wants to build a house on it on his own expense snd will stay in it after the completion and pay rent to the father. This is a gift to the father . Father and son agree upon the following clauses as a precaution. Can you guide whether it is in accordance to shariah. And what other clauses are needed.
I the land lord (parent)gives full permission to my son to build a house to his own accord on my premises.
The landlord shall pay all taxes and rates in respect of the demised building after construction.
The landlord shall peacefully hold and enjoy the demised premises and will enjoy full freedom upon the activity of the gifted house
The donor shall have no say upon the gifted building and has no authority to get back the gift.
Upon the death of the landlord (parent)the building will be distrubited In accordance to islamic law of inheritence.
The donor has all the right to stop the building in between the construction and will have no right to claim the amount spent on the building.
Upon the demise of the of the donee (parent)whilst construction is going on construction will be halted immediately and laws of inheritence shall take place
The donor shall have no right to ask back the money spent on the building till the demise, as it had become the property of the deceased.
The landlord (PARENT) shall be taking possession of the building as it is being built. Jazakallah
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In principle, a gift is only considered complete once possession is transferred. Given that the house is still being built, until it is completed, it will belong to the donor because the landlord has given him permission to build on his land. This means that should the construction be halted for whatever reason, the donor will have the right to take away what has been built so far. Inheritors of the donor would have a claim in the unfinished building. To overcome this, the donor may periodically gift the house as it is being built. For example, once grey shell is complete, it can be gifted. Then when other finishings are complete, they can be gifted too.
Nevertheless, once the construction is complete, the house can be handed over with the terms and conditions stipulated in the query.
And Allah Ta’āla Knows Best
Mufti Bilal Pandor
Concurred by
Mufti Muhammad Patel
Darul Iftaa Mahmudiyyah
Lusaka, Zambia