Learn How To Gift: Muslim Law
By Team Legistify / 2017-07-16
Gift is a transfer of property where interest is transferred from one living person to another, without any consideration. It is gratuitous and inter-vivos in nature. This is the general definition that is accepted by all the religions, including Muslim law. As per the Muslim Law, a gift is called as Hiba.

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A person is competent to make a gift (Hiba) of his total property during his lifetime. The gift is operative with immediate effect and divests him of his control and ownership of the property. A gift with the intention of disinheriting an heir. The intention of the gift is not important but it cannot be the intention to circumvent a provision of the law. Voidable at the instance at the creditors. However just because he had some debts does not affect the validity of the gift.

The intention is important to affect the validity of the gift. The gift can be made of existing movable or immovable property made voluntarily and without consideration by one person called the donor to another called done and accepted by or on behalf of the done, followed by immediate delivery of possession of the subject matter of the gift. All rights of the donor vests in the done. Hiba should not be confused with the English term- gift. Hiba is a narrow and well-defined legal concept. Hiba is the immediate and unqualified transfer of property.

Essential Elements of Gift Under Muslim Law

  1. Declaration (Ijab) by the Donor- Manifestation of the wish to be on the part of the donor
  2. Acceptance (Qubool) by the Donee- either implied or express
  3. Immediate delivery of possession (Qabza)- either actually or constructively

Who can make a gift and who can be the donee

Gift is a transfer of property where interest is transferred from one living person to another, without any consideration. It is gratuitous and inter-vivos in nature. This is the general definition that is accepted by all the religions, including Muslim law. As per the Muslim Law, a gift is called as Hiba.

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Get connected to the Best Lawyers and Chartered Accountants Near You!


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