Showing posts with label Muslim Law. Show all posts
Showing posts with label Muslim Law. Show all posts

Introduction

Under Muslim law, gift is often termed as “ HIBA ” which is defined as “ the donation of a thing from which the donee may derive a benefit ”.[1] Also it is understood as an unconditional transfer of property made immediately without any exchange or consideration by the transferor to the transferee and accepted by or on behalf of the transferee. The definition according to Fyzee is , “It is an immediate and unqualified transfer of the corpus of the property without a return ”.[2]


Requirements of a Valid Gift :

As there is always certain requirements first to be fulfilled in order to make any type of transfer of property form one person to another, there are certain requirements in Hiba also which are required to be fulfilled in order to make a valid transfer of property as a gift.
There are three ground requirements which must be fulfilled for a validity of a gift. They are :

1. Parties to the gift : -

  • The Donor ,
  •  The Donee ; 

2. Subject matter of the gift : -

3. Essential ingredients of making of a gift : -

  • Declaration ( Ijab ) by the donor ,
  •  Acceptance ( Qubool ) by the donee , 
  • Immediate delivery of Possession ( Qabaz ) ;