The Effect of Death on the Donation Contract in Islamic Jurisprudence

Abstract

            The gift contract is a legal and non-compulsory donation contract. If a person donates a gift to someone else and does not take possession of it and dies before the donated person takes possession of it, then it is his property and money and is not obligatory for the heirs of the donated person because the principle of the gift is to be taken. But if the donor dies before the gift is received, his heirs have the choice between keeping it as their property or giving permission to donate it because it is considered one of the donation contracts. But if the purpose of the gift is God Almighty, i.e. charity, it is not permissible to withdraw it after donating it.