Topic: Gift (Hiba) under
Muslim Law
Presented by,
Syed Bokhtiar Ali
Dept. Of Law and Justice
Jahangirnogor university
Introduction
What is a Gift?
A transfer of property from one living person to another without any consideration.
meer Ali's Definition: "A hiba is a voluntary gift without consideration of
A
property or the substance of a thing by one person to another so
as to constitute the donee the proprietor of the subject-matter of the
gift."
Muslim law permits a person to give away their entire property through a gift inter-
vivos, even if it disinherits heirs. (Case: Abdul vs. Ahmed, 1881)
Requisites of a Gift (Hiba)
Essential Components of a Hiba:
• P arties to the Gift: Donor and Donee.
• Subject of Gift: The property being transferred.
• Formalities or Mode of Gift: The process of
making the gift.
Parties of a Gift
Donor
ust be of the age of majority.
M
Must be of sound mind.
Must act freely, without coercion or undue
influence.
Must be the rightful owner of the property.
Parties to a Gift
Donee
Can be a "juristic person" (e.g., an institution).
Sex, creed, or religion is not a bar.
For a minor or person with a mental disability, the
gift is made to their legal guardian.
A gift to an unborn person is considered void.
Formalities of a Gift
Three Essential Formalities:
1.Declaration (Ijab): A clear statement by the donor of
their intent to give.
2.Acceptance (Qubool): The donee's
acceptance of the gift.
3.Delivery of Possession (Kabza): The physical
transfer of the property's possession to the
donee.
Essentials of Hiba/GIFT
Declaration by Donor:
1.The donor's intention must be clear and
unambiguous.
2.The declaration can be oral or written.
3.Key Requirement: The donor must completely
divest themselves of all ownership and control.
(Case: Maimuna Bibi v. Rasool Mian)
Acceptance by Donee:
1.Without acceptance, the gift is void.
2.A legal guardian can accept on
behalf of a minor.
3.A child in the mother's womb can be
a donee if born alive within 6 months
of the declaration.
Delivery of Property:
• Possession" is defined by what the
nature of the property allows.
• The "real test" is who benefits from the
property after the gift. If the donor still
benefits, the gift is invalid.
Revocation and
Revocation of a Gift:
Void
Gifts
donor has an unrestricted right to revoke a gift before the delivery of possession.
• After delivery, revocation requires the donee's consent or a court order.
• Irrevocable Gifts: • When the donor or donee has died.
• When the donee is a close relative of the donor.
• When the donor and donee are in a marital relationship.
• W
hen the gifted property has been sold, lost, or its value has increased significantly.
• A Sadqah (religious gift) is irrevocable.
• Void Gifts:
• Gift to an unborn person.
• Gift in the future.
• Contingent gifts.
• Gifts with conditions attached.
Thank You
