MAHYUDDIN KHALID      emkay@salam.uitm.edu.my
CONTENT                  DEFINITION DEFINITION                  EVIDENCES  EVIDENCES       PILLARS OF HIBAH            ...
DEFINITION                  Literally: DEFINITION                     passing or blowing  EVIDENCES       Technically: ...
EVIDENCES                  Al-Qur’an: DEFINITION  EVIDENCES    PILLARS CONDITION        ISSUESAPPLICATION    4
EVIDENCES                  Hadith: DEFINITION                    Reported from Anas: Meat was brought to the            ...
PILLARS OF HIBAH                  Wahib DEFINITION                    Person who give the hibah/ donor  EVIDENCES      ...
CONDITIONS OF HIBAH                  Conditions for the Donor DEFINITION                      Eligible to give his prope...
CONDITIONS OF HIBAH                  Conditions of the Object DEFINITION                    Every object which is legall...
REVOCATION OF HIBAH DEFINITION      Hanafi:  EVIDENCES      • Permit the donor to recall/revoke the hibah (gift) as       ...
HIBAH WITH COMPENSATION                   Majority of jurist held that unconditional hibah DEFINITION                    ...
MODERN APPLICATION                   Hibah in Saving/Current Account DEFINITION                   Hibah in Loan (Qardh) ...
END OF CHAPTER DEFINITION  EVIDENCES    PILLARS CONDITION                      ISSUESAPPLICATION    12
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Hibah

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Hibah

  1. 1. MAHYUDDIN KHALID  emkay@salam.uitm.edu.my
  2. 2. CONTENT  DEFINITION DEFINITION  EVIDENCES EVIDENCES  PILLARS OF HIBAH  CONDITIONS OF HIBAH PILLARS  SALIENT ISSUES OF HIBAH CONDITION  MODERN APPLICATION ISSUESAPPLICATION 2
  3. 3. 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
  4. 4. EVIDENCES  Al-Qur’an: DEFINITION EVIDENCES PILLARS CONDITION ISSUESAPPLICATION 4
  5. 5. 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
  6. 6. 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
  7. 7. 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
  8. 8. 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
  9. 9. 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
  10. 10. 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
  11. 11. 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
  12. 12. END OF CHAPTER DEFINITION EVIDENCES PILLARS CONDITION  ISSUESAPPLICATION 12
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