Hiba (Gift) in Muslim Law

Hiba is defined as a voluntary transfer of property without any consideration. It is a unilateral contract where the donor (wahib) transfers the ownership of the property to the donee (mahoob) without receiving anything in return.

A valid Hiba requires all of the essential elements of a valid contract, including offer and acceptance, capacity of the donor and donee, and subject matter of the gift.

Any person who is of sound mind and has the capacity to contract can be a donor in a Hiba. There is no restriction based on religion, age, or gender.

Any person who is alive at the time of the gift can be a donee in a Hiba. There is no restriction based on religion, age, or gender.

The subject matter of a Hiba can be any property that is transferable, including movable property, immovable property, and cash.

A Hiba becomes effective upon acceptance by the donee. Registration of the gift deed, delivery of the property, and payment of the consideration are not required for the validity of the gift.

A Hiba is irrevocable once it is accepted by the donee. The donor cannot revoke the gift at any time, and the donee cannot return the gift at any time.

There are a few exceptions to the rule of irrevocability of Hiba. The gift can be revoked if the donor becomes insane, if the donee becomes insolvent, or if the subject matter of the gift is destroyed.

Hiba is a gift, while Waqf is a trust. Hiba is irrevocable, while Waqf is revocable. Hiba can be made to any person, while Waqf can only be made to a charitable purpose.

The legal consequence of a valid Hiba is that the ownership of the property is transferred to the donee. The donor no longer has any rights over the property.

A Hiba can be made orally, but only if the value of the gift is less than a certain amount. The amount varies from jurisdiction to jurisdiction.

The maximum amount that can be gifted through Hiba is one-third of the donor's property. This is to ensure that the donor does not deprive his or her legal heirs of their inheritance.

A Hiba can be made to a minor, but the minor must have a guardian who will accept the gift on his or her behalf.

A Hiba can be made to a non-Muslim in all cases. There is no restriction based on religion.

Hiba is a gift, while Sadaqah is a charity. Hiba is irrevocable, while Sadaqah is revocable. Hiba can be made to any person, while Sadaqah can only be made to a deserving person.