MAHYUDDIN KHALID

emkay@salam.uitm.edu.my

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DEFINITION

EVIDENCES

PILLARS

CONDITION

DEFINITION EVIDENCES PILLARS OF HIBAH CONDITIONS OF HIBAH SALIENT ISSUES OF HIBAH MODERN APPLICATION

ISSUES

APPLICATION

DEFINITION
DEFINITION

Literally:
passing or blowing

EVIDENCES

Technically:
A voluntary contract that results in uncompensated ownership transfer between living individuals

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CONDITION

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APPLICATION

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.

EVIDENCES
DEFINITION

Al-Quran:

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CONDITION

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APPLICATION

EVIDENCES
DEFINITION

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

PILLARS

CONDITION

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APPLICATION

PILLARS OF HIBAH
DEFINITION

Wahib
Person who give the hibah/ donor

EVIDENCES

Mauhub Lah
Person who receive the hibah/ donee

PILLARS

Mauhub
Subject matter / gift

CONDITION

Sighah
Ijab/ Offer Qabul/ Acceptance

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APPLICATION

CONDITIONS OF HIBAH
DEFINITION

Conditions for the Donor

Eligible to give his property voluntarily to another Must be legal owner of the object Mukallaf (legal age) Rusyd (mature)

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CONDITION

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.

ISSUES

APPLICATION

CONDITIONS OF HIBAH
DEFINITION

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

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APPLICATION

REVOCATION OF HIBAH
DEFINITION

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

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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.

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APPLICATION

HIBAH WITH COMPENSATION

DEFINITION

EVIDENCES

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CONDITION

ISSUES

APPLICATION

Majority of jurist held that unconditional hibah contract does not require recipient to compensate the donor Maliki ruled that gifts 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.

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MODERN APPLICATION
DEFINITION

EVIDENCES

PILLARS

CONDITION

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

ISSUES

APPLICATION

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DEFINITION

EVIDENCES

PILLARS

CONDITION

ISSUES

APPLICATION

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