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MAHYUDDIN KHALID

emkay@salam.uitm.edu.my

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DEFINITION

EVIDENCES

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

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APPLICATION

DEFINITION
DEFINITION

Literally:
passing or blowing

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

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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.

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DEFINITION

Al-Quran:

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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

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PILLARS OF HIBAH
DEFINITION

Wahib
Person who give the hibah/ donor

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Mauhub Lah
Person who receive the hibah/ donee

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Mauhub
Subject matter / gift

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Sighah
Ijab/ Offer Qabul/ Acceptance

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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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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.

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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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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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HIBAH WITH COMPENSATION


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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

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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

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DEFINITION

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