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CONTENT
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
PILLARS
CONDITION
ISSUES
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:
EVIDENCES
PILLARS
CONDITION
ISSUES
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
ISSUES
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
ISSUES
APPLICATION
CONDITIONS OF HIBAH
DEFINITION
EVIDENCES
PILLARS
CONDITION
ISSUES
APPLICATION
CONDITIONS OF HIBAH
DEFINITION
EVIDENCES
PILLARS
CONDITION
ISSUES
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
EVIDENCES
PILLARS
CONDITION
ISSUES
APPLICATION
EVIDENCES
PILLARS
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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END OF CHAPTER
DEFINITION
EVIDENCES
PILLARS
CONDITION
ISSUES
APPLICATION
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