Gift / Hiba

Introduction

Gift is a general term for transfer of property without payment or consideration (no money or return). In Muslim law, this concept is known as Hiba. Though often used as the same, Hiba has a narrower meaning and follows specific legal rules. It must be immediate and complete.

Meaning / Definition

Hiba means the transfer of property made voluntarily and without any consideration from one person (donor) to another (donee), and accepted by the donee.

• According to Hedaya: Hiba is an unconditional transfer of property made immediately and without any exchange, accepted by the donee.
• According to Fyzee: Hiba is the immediate and complete transfer of the property itself without any return.

Modes or Types

Essentials of a Valid Hiba

Under Muslim law, Hiba is treated similar to a contract. Therefore, it requires three main elements:

Declaration by the Donor (Offer – Izab)

• There must be a clear intention by the donor to make a gift
• The declaration must be express (clearly stated) and without confusion

Acceptance by the Donee (Qabul)

• The donee must accept the gift
• If the donee is a minor, the legal guardian can accept on his behalf
• Without acceptance, the gift is void (not valid)

Delivery of Possession (Qabza)

• The donor must transfer possession to the donee

• The donee must take possession

• Possession means control over the property as per its nature

• The key test is: who is enjoying the benefits of the property

• If the donor continues to enjoy the benefits, the gift is not valid

• The gift becomes complete only after delivery of possession

Distinction / Comparison

Gift vs Hiba

• Gift: A broad term covering all transfers without consideration

• Hiba: A specific type of gift under Muslim law

• Gift: May not always require delivery of possession immediately

• Hiba: Requires immediate transfer and delivery of possession

• Gift: Governed by general law

• Hiba: Governed by Muslim personal law

Practical Example

A father declares that he gifts his house to his son. The son accepts the gift, and the father hands over possession by allowing the son to live in and control the property. The gift is valid only when all three steps—declaration, acceptance, and delivery—are completed.

Summary

• Hiba is a gift under Muslim law
• It is a transfer without consideration (no payment)
• It must be immediate and complete
• Three essentials: declaration, acceptance, and delivery of possession
• Without delivery of possession, the gift is not valid
• The donee must enjoy the benefits of the property