CONTENT DEFINITION DEFINITION EVIDENCES EVIDENCES PILLARS OF HIBAH CONDITIONS OF HIBAH PILLARS SALIENT ISSUES OF HIBAH CONDITION MODERN APPLICATION ISSUESAPPLICATION 2
DEFINITION Literally: DEFINITION passing or blowing EVIDENCES Technically: A voluntary contract that results in uncompensated PILLARS ownership transfer between living individuals Hibah is a transfer of legal and beneficial ownership CONDITION of the assets from the donor to the beneficiary on volunteer basis. i.e. without valuable consideration ISSUES and compensation Under Hibah, the proportion of distribution to heirsAPPLICATION and non-heirs can be determined by the donor. 3
EVIDENCES Hadith: DEFINITION Reported from Anas: Meat was brought to the Messenger of Allah (s.a.w) and it was said that it was EVIDENCES given to Barirah as a charity. Rasulullah (s.a.w) said: “For her it is a charity, and for us it is a gift." PILLARS Narrated by Aisha the Prophet(s.a.w) used to accept gifts an CONDITION “Exchange gifts so that you may love one another” ISSUESAPPLICATION 5
PILLARS OF HIBAH Wahib DEFINITION Person who give the hibah/ donor EVIDENCES Mauhub Lah Person who receive the hibah/ donee PILLARS Mauhub Subject matter / gift CONDITION Sighah ISSUES Ijab/ Offer Qabul/ AcceptanceAPPLICATION 6
CONDITIONS OF HIBAH Conditions for the Donor DEFINITION Eligible to give his property voluntarily to another EVIDENCES Must be legal owner of the object Mukallaf (legal age) PILLARS Rusyd (mature) CONDITION Conditions for the Donee Any man with or without legal capacity ISSUES If the donee has legal capacity, he/she can receive (qabd) gift by him/herself. If he/she is not eligibleAPPLICATION recipient, the receipt (qabd) has to be done by his legal guardian. 7
CONDITIONS OF HIBAH Conditions of the Object DEFINITION Every object which is legally tradable from shariah perspective is considered legal to be given as gift. EVIDENCES The object must be in existence in the time of contract PILLARS Must be valuable property Donor must be the owner CONDITION ISSUESAPPLICATION 8
REVOCATION OF HIBAH DEFINITION Hanafi: EVIDENCES • Permit the donor to recall/revoke the hibah (gift) as long as no legal restriction forbidding the revocation PILLARS • But this act is considered as makruh – the donee has right to refuse to return the gift CONDITION Maliki, Shafie and Hanbali: ISSUES • Not permissible for the donor to revoke the gift after qabd is made.APPLICATION • 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. 9
HIBAH WITH COMPENSATION Majority of jurist held that unconditional hibah DEFINITION contract does not require recipient to compensate the donor EVIDENCES Maliki ruled that gift’s recipient should compensate PILLARS the gift if there is any indication the donor may be expecting compensation CONDITION Majority of jurist viewed that gift contract with condition requiring recipient to compensate the ISSUES donor for his gift is valid and the condition is valid Shafie jurist ruled that if the compensation isAPPLICATION unknown, the hibah and condition is invalid. 10
MODERN APPLICATION Hibah in Saving/Current Account DEFINITION Hibah in Loan (Qardh) Contract EVIDENCES Hibah in Al-Ijarah Thumma Al-Bai Contract. Hibah in Inter-bank Mudharabah Investment PILLARS Contract Hibah in Takaful CONDITION ISSUESAPPLICATION 11
END OF CHAPTER DEFINITION EVIDENCES PILLARS CONDITION ISSUESAPPLICATION 12
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