Question Summary: Disability funds of daughter Question Detail:
If a deaf girl of the UK reaches the age of 16 and the government now decides to pay the disability payments to her directly, can the father use this money to spend on her essential needs or does he have to support her using his own money as the daughter is still unmarried? Prior to her turning 16 the payments were given to the parents to spend on the child, so was the father obliged to spend every penny on the daughter or can he mix it with other income and then spend on his family collectively, and does the father now owe the payments paid from birth to his daughter? If the father is concerned that the daughter may use the money unwisley can he keep control over this money until his daughter becomes older?
Answer :
In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. We referred to the United Kingdom public sector information website to analyse the Shariah perspective on disability grants, and concluded as follow:
The disability funds given by the Government before the age of 16 is meant to assist the parents in raising the child.[1] Accordingly, the money belongs to the father. If the money received was mixed with other monies, the father does not have to compensate anything.
The disability funds allotted to the daughter may be used by the father to support her. If the funds are not sufficient, it is the father’s obligation to support her further. [2]
When the daughter has become an adult, she is the owner of the money given to her. The father may manage her funds with her consent.[3] And Allah Ta’la Knows Best Fahad Abdul Wahab Student Darul Iftaa New York, USA Checked and Approved by, Mufti Ebrahim Desai
[2] (و كذا) تجب (لولده الكبير العاجز عن الكسب) كانثى مطلقا
(قوله كانثى مطاقا) اى ولو لم يكن بها زمانة تمنعها عن الكسب فمجرد الانوثة عجز الا اذا كان لها زوج فنفقتها عليه ما دامت زوجة
[رد المحتار ج3 ص614 سعيد]
[3] (و كاتصرف فى المال) اى فصار كاتصرف فى المال, اى مال البكر البالغة, فانه لا يجوز للاب التصرف فيه
[البناية فى شرح الهداية ج6 ص101 المكتبة الحقانية]
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