‘HIBA’, - A GIFT UNDER MUSLIM LAW

Although, in Islamic law, the concept of hiba holds significant importance. Hiba refers to the voluntary transfer of ownership or benefit from one person to another during their lifetime, without any reciprocal obligation or expectation of return. It is a form of gift or donation made by individuals, guided by the principles of Shariah. The act of hiba is rooted in the principles of generosity, compassion, and benevolence that are emphasized in Islam. It allows individuals to share their wealth and possessions with others, promoting social harmony, mutual support, and the fulfillment of basic needs within the community.

Hiba holds a unique position in Islamic law as it differs from other legal concepts such as bequest (wasiyyah) and inheritance (mirath). While bequest and inheritance come into effect after a person's death and are subject to specific rules and regulations, hiba operates during the lifetime of the donor and does not require any specific conditions or restrictions, apart from those set forth by Shariah. The validity and conditions of hiba are guided by Islamic jurisprudence, which may vary across different schools of thought and interpretations. The principles of hiba are derived from the Quran, the Hadith (sayings and actions of the Prophet Muhammad), and the consensus of Islamic scholars.

Meaning

It is important to understand that hiba is a voluntary act and should be made without any coercion or pressure. The intention to transfer ownership or benefit should be clear and explicit, and the recipient must accept the gift willingly. The donor should have the legal capacity to make the hiba, and the transfer of possession should take place.

Hiba can encompass various forms, including cash, property, movable assets, or even the forgiveness of a debt. It can be made to family members, friends, or charitable organizations, as long as they are eligible to receive gifts under Islamic law.

Background

While hiba promotes acts of generosity and benevolence, it is essential to ensure that it does not violate the rights of others or conflict with other legal obligations. Seeking guidance from qualified Islamic scholars or legal experts is advisable when considering hiba to ensure adherence to the principles of Shariah and local legal requirements.

Overall, hiba plays a significant role in promoting social welfare, compassion, and justice within the framework of Islamic law. It serves as a means for individuals to share their blessings and contribute to the well-being of others, fostering a sense of solidarity and community building.

Hiba is considered a virtuous act in Islam and is often practiced to demonstrate generosity, show gratitude, or fulfill religious obligations.

There are certain conditions and guidelines for a valid hiba in Islamic law:

1. Intention: The donor must have a clear intention of giving the gift as an act of hiba.

2. Ownership: The donor must be the rightful owner of the property or assets being gifted.

3. Acceptance: The recipient must accept the gift willingly and without any coercion.

4. Delivery: The gift must be physically transferred from the donor to the recipient. Merely declaring the intention of giving a gift is not sufficient.

5. Validity: The hiba should not violate any prohibitions or restrictions in Islamic law. For example, it should not involve unlawful or prohibited items.

6. Capacity: Both the donor and the recipient must have the legal capacity to engage in the transaction. For example, the donor should be mentally sound and of legal age.

Hiba can be given during one's lifetime or as a part of estate planning through a will (also known as "hiba bil-wasiyya"). However, there are rules and limitations on the distribution of assets through hiba to ensure fairness and avoid unjust treatment of heirs.

It's important to note that specific laws and practices regarding hiba may vary across different Muslim-majority countries, as legal systems can be influenced by local customs and interpretations of Islamic law. Consulting with a knowledgeable Islamic scholar or a legal expert familiar with Islamic law in your jurisdiction is advisable for precise guidance in matters related to hiba.

In Islamic law, the term "hiba" refers to a voluntary gift or donation made by a person during their lifetime, typically with the intention of transferring ownership of a particular asset or property to another individual without any consideration or expectation of return. Hiba is considered a legal and valid transaction in Islamic jurisprudence and can be used for various purposes, including charitable donations, transferring property to family members, or fulfilling religious obligations.

Here are some key points related to hiba in Muslim law:

1. Voluntary Nature: Hiba must be made voluntarily, without any coercion or undue influence. It should be a conscious decision made by the donor out of their own free will.

2. Ownership Transfer: Hiba results in an immediate transfer of ownership from the donor (hibitor) to the recipient (mahbub). Once the gift is given and accepted, the donor no longer has any rights or control over the gifted property.

3. Acceptance: For a hiba to be valid, the recipient must accept the gift. Acceptance can be either express or implied. It is generally recommended to have explicit acceptance to avoid any disputes in the future.

4. Capacity and Eligibility: Both the donor and recipient must have legal capacity and be eligible to enter into a hiba transaction. This means they should be of sound mind, have reached the age of maturity (puberty), and possess the legal right to transfer or receive property.

5. Intention: The intention behind the hiba should be solely to transfer ownership without any expectation of return or benefit. It should not be used as a means to avoid legal obligations or deceive others.

6. Witnessing: It is recommended, though not mandatory, to have witnesses present during the hiba transaction. Witnesses provide testimony to the validity of the gift and can be useful in case of any future disputes.

It's important to note that the specific rules and regulations regarding hiba may vary across different schools of Islamic jurisprudence (Madhhabs) and local cultural practices. Consulting with a knowledgeable Islamic scholar or jurist can provide more detailed and specific guidance based on individual circumstances.

Conclusion

Finally, we say that, hiba is an integral concept in Islamic law, encompassing the voluntary transfer of ownership or benefit from one person to another during their lifetime. It is a manifestation of generosity, compassion, and sharing within the Muslim community. Hiba allows individuals to give gifts without any expectation of return, promoting social harmony, mutual support, and the fulfillment of basic needs. It operates outside the realms of bequest and inheritance, as it takes effect during the donor's lifetime and is not subject to specific legal restrictions, apart from those outlined by Shariah. The validity of hiba depends on various factors, including the donor's intention, the acceptance of the recipient, and the lawful transfer of possession. It is essential for the hiba to be made willingly, without coercion or pressure, and in accordance with Islamic principles.

Hiba can take various forms, such as cash, property, or movable assets, and can be given to family members, friends, or charitable organizations, provided they meet the eligibility criteria for receiving gifts in Islamic law. While hiba promotes acts of benevolence, it is crucial to ensure that it does not infringe upon the rights of others or conflict with other legal obligations. Seeking guidance from qualified Islamic scholars or legal experts is advisable to ensure compliance with Shariah principles and local legal requirements. Overall, hiba serves as a means for Muslims to demonstrate their generosity, support those in need, and strengthen social bonds within the community. It reflects the values of Islam and contributes to the promotion of justice, compassion, and the well-being of individuals and society as a whole.

References

1. The Transfer of Property Act 1872, s. 122.

2. Asaf A.A. Fyzee, Outlines of Muhammadan Law, P. 217.

3. Hedaya, Tr Hamilton, p.482.

4. D.F. Mulla, Principles of Mahomedan Law, P. 112.

5. State of Uttar Pradesh v. Sayed Abdul Jalil, 1972 SCR (3) 342.

6. Ilahi Samsuddin v. Jaitunbi Maqbul (1994) 5 SCC 476.

7. Mahboob Saheb v. Syed Ismail, AIR (1995) SC 1205.

8. Sultan Miya v. Ajibakhatoon Bibi, (1932) 59 Cal 557.

9. Mohammad Mustafa v. Abu Bakr, AIR 1971 SC 361.

10. Abdul Rahim v. Sk Abdul Zabar, AIR 2010 SC 211.

11. Musa Miya v. Kadar Bux, AIR 1928 PC 108.

12. https://blog.ipleaders.in/hiba-gift-muslim-law/

13. https://www.legalserviceindia.com/legal/article-4560-hiba-under-muslim-law.html

14. https://old.amu.ac.in/emp/studym/100019304.pdf

15. https://thelawcommunicants.com/gift-hiba-under-muslim-law/