Muslim Personal Law

• Law: is set of rules and regulations, for establishing and maintaining social order.

• Who is Muslim: Any person who professes the Islamic religion, that is, acknowledges i) That there is but one God and that Prophet(PBUH) is His last prophet, is a Muslim.

• Muslim by Birth: It means that the parents of a child are Muslims and he has followed the same religion.

• Muslim by Conversion: means that a person has changed his religion and embraced Islam.

• Sects: Muslims are divided in to two sects, the Sunnis and the Shias.

• Muslim Personal law: is the branch of an Islamic Law in which we study among family matters such as Marriage, Will, Dower, Waqf, Divorce, Gift etc

• Islamic Jurisprudence: Deals with origin of Islamic Law. Its boudary is very vast comparatively family laws. Such as sources of Isamic law Quran, Sunnah etc

• Gift (Hiba): Definition: A hiba or gift is a transfer of property, made immediately, and without any exchange, by one person to another and accepted by or on behalf of the latter.

• Hiba means transfer of right of property in substance by one person to another without consideration which is a condition to be fulfilled in order to make a gift valid.

Elements of Gift

• Transfer of property.

• Immediate transfer.

• Without any exchange.

• Accepted by himself or on his behalf.

Persons capable of making gift.• Every Mahommdan of sound mind and not a

minor may dispose of his property by gift.

• Gift in the language of law means a transfer of property immediately and without any exchange.

• A donor with affected mental capacity, physical infirmity and old age could not constitute a valid gift.

• Gift to unborn person: A gift to a person not yet in existence is void.

• The person who make gift is called donor and to whom gift is made called donee.

• Parties to a Gift: i) Donor ii) Donee

• Persons who can make Gift: i) Muslim ii) Sound mind iii) Who have attained Majority age.

• Disqualification: Minor ii) Unsound Mind (Insane).

Essentials of a valid gift

• Subject of Gift must belong to donor.

• Subject of Gift must be in existence.

• Donor must make gift by his free will.

• Gift must be accepted by the donee.

• Delivery of possession of the subject matter must be done.

• Declaration of gift by the donor.

• Two types of property movable and immovable property. i.e land, goods.