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