INTRODUCTION
A gift or Hiba is a transfer of property made immediately and without any exchange by one person to another and accepted by or on behalf of another. A Muhammadan may dispose of his whole property. The person who makes the gift is called the donor and to whom the gift is made is called the donee.
LITERAL MEANING
Gift or Hiba means a donation of a thing from which the donee may get the benefit.
DEFINITION OF GIFT
According to Hedaya:
A hiba is a transfer of Tangible property without consideration
KINDS OF GIFT
Following are the kinds of gift
- Hiba
- Hiba bil lwaz
- Hiba-be-Shart ul lwaz
- A Sadaqah
- Areeat
PERSONS WHO CAN MAKE GIFT
Every Muslim of sound mind and age of majority is entitled to make a gift.
PERSONS WHO CANNOT MAKE GIFT
- Minor
- Unsound mind
IN WHOSE FAVOUR GIFT CAN BE MADE
A Hiba or Gift can lawfully be made in favour of any of the following
- Natural persons.
- Artificial persons
- Insane persons
- Heirs
IN WHOSE FAVOUR GIFT CANNOT BE MADE
Hiba or Gift can not be made in favour of the following.
- Unborn child.
- Dead person
Exception: A widow can make Hiba of her dower in favour of her deceased husband.
ESSENTIALS OF A VALID GIFT
- The subject of a gift must belong to the donor
- The subject of a gift must be in existence
- Doner must make by his free will
- Acceptance by the donee
- Delivery of possession of the subject matter
CONDITIONS FOR THE VALIDITY OF A GIFT
The following are the three conditions for the validity of a gift.
DECLARATION
There should be a declaration of gift by the donor.
ACCEPTANCE
There should be an acceptance of the gift, express or implied by or on behalf of the donee.
DELIVERY
There should be delivery of possession of the subject of the gift by the donor to the donee.
GIFT OF MUSHAA
A Mushaa is an undivided share of the property. A valid gift may be made of an undivided share in property either moveable or immovable
REGISTRATION OF GIFT
Registration of the deed of the gift does not cure the want of delivery of possession. It is evidence of its execution.
TRANSFER OF POSSESSION IS NOT NECESSARY
Following are the cases when the transfer of possession of gift property is not necessary
- No transfer of possession is required when the father gifts his property to his minor child
- No transfer is required when Guardian gifts to his ward
- No transfer is required when a husband gifts to his wife
- Where the gift is already in the possession of the donee
- Where the property is on rent or lease by transfer of title deed of such property
REVOCATION OF GIFT
The gift can be revoked by the donor in the following way;
BEFORE DELIVERY OF THE POSSESSION
A gift may be revoked by the doner at any time before delivery of the possession because before delivery there is no gift at all.
AFTER DELIVERY OF THE POSSESSION
A Doner can even after the delivery of the possession of the property revoke the gift.
- With the Mutual Consent of the parties
- By a decree of the competent court
CIRCUMSTANCES WHEN GIFT CANNOT BE REVOKED
Under the following circumstances, the gift can not be revoked.
- Death of the doner
- Gift between spouse
- Death of the donee
- Increase in value of the gift
- Where a gift is made to a person related to the doner within the prohibited degree
- Destruction of the subject matter of the gift
- Destruction of the identity of the gift
- Where the donor has received consideration for the gift
- Where the purpose of the gift is Sadqa
CONCLUSION
It is concluded that a gift is a contract consisting of a proposal or offer on the part of the donor to give a thing and acceptance of it by the donee. So it is a transfer of property immediately and without any exchange. There must be a clear intention by the donor to transfer the possession to the donee for a valid gift. It can be revoked by the donor.
The Holy Prophet (PBUH) once said;
“When you have made an absolute gift of a house you can not cut it down by condition repugnant to it, you cannot restrict the use of the property to the lifetime of a man in such a case.”
FAQs
The gift takes place between the parties out of love and affection normally. Define Gift and its essentials in light of Islamic principles.
(2013-A)
The gift is a token of love and affection. Define Gift and its essential in light of Islamic principles.
(2017-S)
What is Gift (Hiba)? Discuss its ingredients. Can it be revoked subsequently?
(2015-S)
Define and discuss Gift and its ingredients.
(2014-S, 2012-A)
Write a note on the Gift.
(2018-S, 2016-S)
Define Gift (Hiba). What are the three conditions for the validity of a Gift?
