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Scholars’ opinions on donation made by an underage person

Question

Is it permissible for a 16-year-old girl to give her jewelry in charity?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

Islam urges its followers to do every righteous deed and race with each other to do every good thing. Allaah The Almighty Says (what means):

· {Never will you attain the good [reward] until you spend [in the way of Allaah] from that which you love.} [Quran 3: 92]

· {So race to [all that is] good.} [Quran 5:48]

The righteous predecessors, men and women alike, used to race in hastening towards all that is good. Moreover, they used to spend their most precious possessions for the sake of their religion and the satisfaction of their Lord.

If the one who gives in charity is still under age without sufficient experience in life and the amount to be donated is large, this will not be approved without the permission of the guardian. The evidence is the following verse in which Allaah The Almighty Says (what means): {Then if you perceive in them sound judgment, release their property to them.} [Quran 4:6]

According to the view of Maalik  may  Allaah  have  mercy  upon  him when a minor attains the age of puberty and the guardian perceives in him sound judgment, the guardian is required to give him his property and remove his guardianship. In case of the female, Imaam Maalik conditioned her marriage, consummation of marriage with her, entering wedlock for a certain period in addition to the testimony that she has become among those who are eligible to dispose of and guard their property.

In terms of removing guardianship, the other Imaams only stipulated attaining the age of puberty and the ability to have sound judgment. In another narration on the authority of Imaam Ahmad  may  Allaah  have  mercy  upon  him he stipulated marriage and bearing a child or living in wedlock for a long period. This view is close to that of Maalik  may  Allaah  have  mercy  upon  him. As a proof, they quoted what is reported in the Sunan of Sa‘eed ibn Mansoor on the authority of Shurayh Al-Qaadhi that ‘Umar  may  Allaah  be  pleased  with  him who entrusted him not to give the young girl her share in the treasury until she marries and bears offspring. None of the companions contradicted him, consequently, it was considered almost a consensus.

To sum up, the donation of the girl is permissible if her father approves of such an act. Likewise, it is permissible if she is married and she has sufficient experience in life in addition to the ability to dispose of her property. Otherwise, her donation is not permissible.

Allaah Knows best.

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