Kinds of gifts under Muslim Law

Introduction: Under Muslim Law, a person is entitled to make a

gift of his property to another during his lifetime or he may
transfer it by way of ‘will’ which takes effect after his death.

The first one is called a disposition inter vivos and the latter is
a testamentary disposition.
By ‘will’ a Muslim can give only 1/3 of his property while in the
gift he is entitled to give away the whole of his property.

Definitions:
According to Mulla, A gift (Hiba) is a transfer of property, made
immediately, and without any exchange, by one person to
another, and accepted by or on behalf of the latter. It is
conferring property without consideration.

According to Hedaya, Hiba is an unconditional transfer of

ownership in an existing property, made immediately and
without any consideration.

The word Hiba, in a real sense, implies the gift of a thing from
which the donee may determine an advantage, the exchange
should be prompt and complete.

A gift under Muslim law is a-

(a) Voluntary, unconditional and immediate transfer of,

(b) Certain specified existing property (movable or
immovable).
(c) Without any exchange or consideration (Nawaz)
(d) Acknowledged or on the behalf of the donee.

Kinds of gifts under Muslim Law

1.Hiba-il-iwaz

2.Hiba ba Shart ul Iwaz

Hiba-il-iwaz:
 Hiba means gift and iwaz means consideration.
 So, it means a gift for consideration.
 The adequacy of consideration is not material.
 It’s anything but an exchange comprised of two shared or
complementary gifts between two people. One present
from a donor to the donee and one from donee to the
donor.
 The gift and return gifts are independent transactions.
Thusly, when both i.e., Hiba (blessing) and iwaz (return or
thought) are finished, the exchange is called Hiba-bil-
iwaz.
 For instance, A makes a gift of a cow to B, and later B
makes a gift of a house to A. If B says that the house was
given to him by the return or exchange, then both are
irrevocable.
 It can be revoked by the donor even after the delivery of
possession of Hiba before the delivery of iwaz.
 It becomes irrevocable when Hiba is delivered and the
donor has accepted the iwaz.

Hiba ba Shart ul Iwaz:

 Shart means stipulation, it is a gift made with an express
stipulation (shart) for return or consideration voluntarily.
The transaction is completed by payment of iwaz.
 It is paid by the donee because payment of consideration
is a prior condition (shart) for the gift whereas, In Hiba-
bil-iwaz, there is no such express stipulation.
 Not at all like in Hiba bil Iwaz, the installment of thought
is deferred. Though the payment of consideration is not
immediate, the delivery of possession is essential.
 It is revocable, but it becomes irrevocable on delivery by
the donee of the iwaz (consideration) to the donor.
Marz-ul-Maut (Death Illness)
Marz-ul-maut or passing sickness is comprised of two words.,

1.marz (malady or illness)

2.maut (death).
  When a person is suffering from a marz and is under the
apprehension of death shortly, and which actually results
in his death, he is said to be suffering from marz-ul-maut.
 A case in which the patient has a mild illness does not
cover the expression of marz-ul-maut.
 A gift during marz-ul-maut or a passing bed blessing is
basically a blessing subject to all states of a blessing.
 However, the power of a donor to dispose of his property
by way of gift during marz-ul-maut is limited.
A death bed gift:
1.When Made to Non-Heir cannot take effect beyond one-third
of his estate after payment of funeral expenses and debts,
unless his heirs give their consent to the excess taking effect.

2.At the point when Made to an Heir is altogether invalid,

except if different heirs consent thereto.

Under the Shia law, a death bed gift holds good to extent of
only one-third of the donor’s estate inspite of delivery of
possession before his death.

Void Gifts
The accompanying gifts can’t be validly made, they are void–

(i)Gift to unborn person.

(ii)Gift to a dead person.

(iii)Gift in future

(iv)Contingent gift

(v) Gift with a condition.

Conclusion
The origination of the term gift and the topic of gift has been a
well-established and customary issue that to formed into a
particular feature in property law. Various viewpoints identified
with the gift in property act and its differentiation with the
Mohammedan law and its suggestions have been the significant
topic of this article.

The idea of a gift is a long process that is coming over from

quite a while ago. The expression “Hiba” and “gift” have
alternate importance when contemplating the exchange of
property act, 1882. Hiba is administered by Muslim Law. So as
we have talked about in this paper the three states of a valid
gift are:

 Statement of gift by the giver.

 Acknowledgment of gift by the donee.
 Move of ownership by the donor and its acceptance by the
donee.
There should be a bona fide intention of the donor to move the
property. The gift can be repudiated by the donor after a
pronouncement of renouncement has been passed by the court
of law. While closing we can say that gift is an offer made by
the contributor to an offer, a known individual acknowledges
the offer, known as donee. Along these lines, the expression
“gift” used in English is conventional and it should not be
mistaken for that of Muslim law known as “Hiba”.

To conclude the analyst can say that, the gift is an agreement

comprising of proposition or offer for the doner to give a thing
and acknowledgment of it by the donee. So it’s anything but an
exchange of property quickly and with no exchange. There
should be a reasonable expectation by a contributor to moving
the belonging to the doner for the valid gift. It tends to be
revoked by the donor. The provisions for the equivalent have
additionally been referenced.