Gifts Given To Children

a. If a person is given money and is told to “buy something for the children” with that money, then he/she will be allowed to purchase toys, sweets, and clothes etc. with that sum of money for the children. By doing so, one is fulfilling the purpose for which the money was gifted. 

b. If the child was given clothes/toys etc. as gifts and was made the owner of these gifts upon receiving them, then it will be incorrect to simply give away these items free of charge. However, such items may be sold at a reasonable price, and thereafter the sum acquired must be included in the child’s account.

An easy way to carry this out would be if the father (as the manager of affairs for the child) sells the items to himself. Thereafter, as a buyer, he accepts the transaction and deposits the money into the account of the child. Now that he is the owner of the items, he will be at liberty to dispose of them as he wishes, whether he gives the items away to some stranger or uses them for his other children, etc. All this should be done keeping the best interest of the child in mind.

Note: It is unwise to make the child the owner of an item that is intended for temporary use i.e. clothes, toys etc. Rather, the parent should tell the person giving the gift; “Make me the owner and I will use it at my discretion for the needs of the children or wherever I deem appropriate.” In this way, the parent will remain the owner and the items will be given to the children for use. One advantage of this is that when the older children outgrow these items, they can be given to the younger siblings to use. This principle should be kept in mind when one gives/receives a gift for a child or purchases clothes/toys for the child to use.

c. Any monetary gift given to the child will remain in the ownership of the child. The parents will serve as a median for the purpose of making Qabdha (securing) the wealth, and its management. This is due to the lack of understanding of the child at such a young age. Therefore, it will not be permissible for the guardians of the child to spend this wealth for a cause other than the child’s necessary expenses/maintenance. Yes, the parents will be granted permission to spend on
the very same child from the said wealth, keeping the best interest of the child in mind. 

However, in the case that the parents are in genuine and dire need of benefitting from the wealth of the child, they will be allowed to do so.

If the guardian spends the wealth of the child on the necessities/maintenance of the child, then it will not be necessary to replace it.

However, we feel that “the purchasing of Umrah tickets”  falling into the category of “necessities/maintenance” is questionable, and therefore they should not be purchased from the child’s own wealth. Generally, the jurists have mention food, clothes, and shelter etc., in their various forms, to be considered as “necessities/maintenance”.

Note: If it is possible to inquire from the giver of the gift as to whom he/she had intended as the recipient/owner of that particular gift, it would be best to do so. If not, then we would look at the apparent norm and nature of the gift (i.e. who is normally the intended recipient of a gift of such a nature). If the gift is suitable for a child e.g. baby clothes, toys, or candy etc. and it is given for the child, then it will belong to the child. However, if the gift is not suitable for the child e.g. a stove, oven, furniture etc. then it will belong to the mother (if it was gifted from her acquaintances), or to the father (if it was gifted from his acquaintances). The safest route even when people bring gifts for the children would be to apply the principle that we mentioned earlier on, that the parent tells the person giving the gift; “Make me the owner and I will use it at my discretion either for the needs of the children or wherever I deem appropriate.

We also feel that it is necessary to mention that the parents are often given wealth in order for them to spend this wealth upon their children. This can be understood from sentences like, “Spend this on your children…”, “Buy them something nice…” etc. (similar to the one mentioned in query “a”). In such cases, apparently, the giver of the gift does not intend on making the child the owner of the sum” of money. Rather, it has been handed over to the parent/guardian in order for him/her as the owner of these funds to spend upon the child. Such wealth may then be spent on other items for the child, even if it does not fall under his necessities/maintenance e.g. Umrah tickets. This is because the child is not the recipient/owner intended, hence, it is not his/her wealth.