2. CONTENT
DEFINITION
DEFINITION
EVIDENCES
EVIDENCES PILLARS OF HIBAH
CONDITIONS OF HIBAH
PILLARS
SALIENT ISSUES OF HIBAH
CONDITION
MODERN APPLICATION
ISSUES
APPLICATION
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3. DEFINITION
Literally:
DEFINITION
passing or blowing
EVIDENCES Technically:
A voluntary contract that results in uncompensated
PILLARS ownership transfer between living individuals
Hibah is a transfer of legal and beneficial ownership
CONDITION of the assets from the donor to the beneficiary on
volunteer basis. i.e. without valuable consideration
ISSUES
and compensation
Under Hibah, the proportion of distribution to heirs
APPLICATION
and non-heirs can be determined by the donor.
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5. EVIDENCES
Hadith:
DEFINITION
Reported from Anas: Meat was brought to the
Messenger of Allah (s.a.w) and it was said that it was
EVIDENCES
given to Barirah as a charity. Rasulullah (s.a.w) said:
“For her it is a charity, and for us it is a gift."
PILLARS
Narrated by Aisha the Prophet(s.a.w) used to accept
gifts an
CONDITION
“Exchange gifts so that you may love one another”
ISSUES
APPLICATION
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6. PILLARS OF HIBAH
Wahib
DEFINITION
Person who give the hibah/ donor
EVIDENCES Mauhub Lah
Person who receive the hibah/ donee
PILLARS Mauhub
Subject matter / gift
CONDITION
Sighah
ISSUES
Ijab/ Offer
Qabul/ Acceptance
APPLICATION
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7. CONDITIONS OF HIBAH
Conditions for the Donor
DEFINITION
Eligible to give his property voluntarily to another
EVIDENCES
Must be legal owner of the object
Mukallaf (legal age)
PILLARS Rusyd (mature)
CONDITION
Conditions for the Donee
Any man with or without legal capacity
ISSUES
If the donee has legal capacity, he/she can receive
(qabd) gift by him/herself. If he/she is not eligible
APPLICATION
recipient, the receipt (qabd) has to be done by his legal
guardian.
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8. CONDITIONS OF HIBAH
Conditions of the Object
DEFINITION
Every object which is legally tradable from shariah
perspective is considered legal to be given as gift.
EVIDENCES
The object must be in existence in the time of contract
PILLARS
Must be valuable property
Donor must be the owner
CONDITION
ISSUES
APPLICATION
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9. REVOCATION OF HIBAH
DEFINITION Hanafi:
EVIDENCES • Permit the donor to recall/revoke the hibah (gift) as
long as no legal restriction forbidding the revocation
PILLARS • But this act is considered as makruh – the donee has
right to refuse to return the gift
CONDITION
Maliki, Shafie and Hanbali:
ISSUES • Not permissible for the donor to revoke the gift after
qabd is made.
APPLICATION
• Ownership of the gift is established by ijab and qabul
and become binding through qabd.
• Except for father and mother giving a gift to his son.
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10. HIBAH WITH COMPENSATION
Majority of jurist held that unconditional hibah
DEFINITION
contract does not require recipient to compensate
the donor
EVIDENCES
Maliki ruled that gift’s recipient should compensate
PILLARS the gift if there is any indication the donor may be
expecting compensation
CONDITION Majority of jurist viewed that gift contract with
condition requiring recipient to compensate the
ISSUES
donor for his gift is valid and the condition is valid
Shafie jurist ruled that if the compensation is
APPLICATION
unknown, the hibah and condition is invalid.
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11. MODERN APPLICATION
Hibah in Saving/Current Account
DEFINITION
Hibah in Loan (Qardh) Contract
EVIDENCES Hibah in Al-Ijarah Thumma Al-Bai Contract.
Hibah in Inter-bank Mudharabah Investment
PILLARS Contract
Hibah in Takaful
CONDITION
ISSUES
APPLICATION
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12. END OF CHAPTER
DEFINITION
EVIDENCES
PILLARS
CONDITION
ISSUES
APPLICATION
12
