MAHYUDDIN KHALID  emkay@salam.uitm.edu.

my
 CONTENT
 DEFINITION
DEFINITION
 EVIDENCES
EVIDENCES  PILLARS OF HIBAH
 CONDITIONS OF HIBAH
PILLARS
 SALIENT ISSUES OF HIBAH
CONDITION
 MODERN APPLICATION

ISSUES

APPLICATION

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 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 heirs
APPLICATION
and non-heirs can be determined by the donor.

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 EVIDENCES
 Al-Qur’an:
DEFINITION

EVIDENCES

PILLARS

CONDITION

ISSUES

APPLICATION

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 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”
ISSUES

APPLICATION

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 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/ Acceptance
APPLICATION

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 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 eligible
APPLICATION
recipient, the receipt (qabd) has to be done by his legal
guardian.

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 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

ISSUES

APPLICATION

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 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.
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 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 is
APPLICATION
unknown, the hibah and condition is invalid.

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 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

ISSUES

APPLICATION

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 END OF CHAPTER

DEFINITION

EVIDENCES

PILLARS

CONDITION 
ISSUES

APPLICATION

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