What is Hibba Or Gift ?what are the key factors of Hibba?

 What is  Hibba or Gift?

 Definition:

 “a property transfer made immediately by one person to another and accepted by or on behalf of the latter without any exchange” 

In Pakistan, Hiba, or gift under Islamic law, requires a voluntary transfer of property without consideration from the donor to the donee, with acceptance by the donee and delivery of possession.  This process is governed by Islamic law principles and is recognized under the Transfer of Property Act. 

 Key Requirements for a Valid Hiba:

 Voluntary Transfer: The gift must be made freely and without any coercion or undue influence. 

 Capacity of the Donor: 

The donor must be of sound mind, of age, and the legal owner of the property being gifted. 

 Acceptance by the Donee: 

The donee must accept the gift, either directly or through a representative, during the donor’s lifetime and while the donor is still capable of giving. 

 Delivery of Possession: 

The donor must give the donee possession of the property and give up ownership. Lawful Purpose: The gift must be for a lawful purpose, not something prohibited by Islamic law. 

 Clear Declaration:

 The donor must clearly declare their intention to give the gift. 

 No Consideration: 

The gift must be without any exchange or reward in return. 

 Valid Title: 

The donor must have a valid title to the property being gifted. 

 Important Prerequisites for a Valid Hiba: 

Voluntary Transfer: 

The gift must be made freely and without any coercion or undue influence. 

 Capacity of the Donor:

 The donor must be of sound mind, of age, and the legal owner of the property being gifted. 

 Acceptance by the Donee: 

The donee must accept the gift, either directly or through a representative, during the donor's lifetime and while the donor is still capable of giving. 

 Delivery of Possession: 

The donor must relinquish ownership and deliver physical possession of the property to the donee. 

 Lawful Purpose: 

The gift must be for a lawful purpose, not something prohibited by Islamic law. 

 Clear Declaration: 

The donor must clearly declare their intention to give the gift. 

 No Consideration: 

The gift must be without any exchange or reward in return. 

 Valid Title: 

The donor must have a valid title to the property being gifted. 

 Types of Hiba:

 Hiba-bil-Iwaz:

 A gift with a return or consideration.  While the Hiba is a gift, it also includes a return, which can be something of value or a service.

 Hiba-ba-Shart-ul-Iwaz:

 A gift with a condition or stipulation, such as a condition that the donee will perform a certain action in the future. 

 Revocation of Hiba:

 A Hiba can generally be revoked by the don

Written By:

Zawar Hussain Advocate Highcourt