MUSLIM LAW
HIBA
GIFT/HIBA
Muslim is allowed to gift during lifetime or by will
Disposition by intervivos-whole of property
Testamentary disposition-1/3 part of property
Hiba is a transfer of determinate property, made
without any exchange
Hiba as‘the conferring of a right of property in
something specific without an exchange”
Transferring ownership of a property to other without
any consideration is hiba.
FORMALITIES
PARTIES
DONOR: makes gift,
major,muslim
sound mind-not in drunken condition
owner-full capacity to transfer
DONEE:
Accepts gift,
must be in existence,
age,sex,creed,religion-no bar
lunatic-handed over to guardian
gift to unborn is void
SUBJECT MATTER
Any property or right belonging to donor
Thing over which right is exercised and reduced
into possession
Things termed under “mal”(goods)-property
which has some value
Property must be in existence at time of gift
declaration must be
clear,unambigous,bonafied,
voluntarily
intention
Co-sharer to another
Donee in possession
VOID GIFT
Unborn person
Gift in future
Contigent gift
Sadaqah
•Hiba-ba-shartul-iwaz
2 •(gift with condition)
•sadaqah
3
4
•ariyat
HIBA-BIL-IWAZ
Person makes gift in return for something
Two separate transaction
1-hiba 2-iwaz
Two mutual,reciprocal gifts
Registration is neccessary
HIBA-BA-SHARTUL-IWAZ
Gift with condition
Shart-stipulation
Delivery is necessary