Hiba – gift under Muslim law

What is Hiba in Islam?

Hiba (gift) under Muslim law is a voluntary transfer of property or ownership from one person to another without any consideration or expectation of return. Hiba is derived from the Arabic word for gift. It is a way for Muslims to show generosity and kindness. Hiba directly transfers ownership from the giver (donor) to the recipient (donee) to bring happiness or fulfill a need. Islamic values of charity, brotherhood, and social welfare closely tie to the concept of Hiba.

Hazrat Abu Hurayra (RA) reported that the Prophet, may Allah bless him and grant him peace, said, “Give gifts and you will love one another.” (Al-Adab Al-Mufrad 594)

Hiba is a beautiful practice in Islam that helps strengthen relationships and build trust within our families and communities. When we give gifts through Hiba, we show care and responsibility toward each other, especially in times of need. For example, we exchange gifts during special occasions like marriage or religious festivals to show our goodwill and strengthen our bonds. We can show our love through Hiba and help maintain harmony within our community.

To learn more about Gifts in Islam, visit this blog: Gift-Giving in Islam: Sunnah ways, benefits, and etiquette.

Essentials of Hiba

The three essential elements of Hiba are:

• Offer (Ijab): The donor must intend to make the gift.
• Acceptance (Qabool): The donee must accept the gift.
• Delivery of Possession (Qabz): The donor must deliver the possession of the gift to the donee.

Conditions for Donor

A donor is a person who shows a willingness to transfer property to another person. When making a Hiba (gift) under Muslim law, the donor must meet certain conditions to ensure the gift is valid:

Attainment of the Age of Majority

According to Islamic law, the donor must be an adult, meaning they have reached the age of majority. Minors cannot give a valid gift, as they are not legally capable of making such decisions.

Sound Mind and Understanding

The donor must be of sound mind and fully understand the nature of the gift they are giving. This means they must be mentally capable of making decisions and aware of the consequences of their actions.

Absence of Fraudulent or Coercive Advice

The Hiba (gift) must be made freely and voluntarily. The gift is not considered valid if the donor is affected by fraud, force, or unnecessary pressure from others. The donor must act out of their own free will.

Ownership Over the Property

The donor must legally own the property they wish to give. You cannot Hiba something that you do not legally own or control. The donor cannot provide something that does not exist, such as future property or something they do not yet own.

Validity of Gifts by Specific Individuals

Certain individuals, like those on their deathbeds (Marz-ul-Maut), have specific restrictions on making gifts. These conditions ensure that making a Hiba is fair, voluntary, and legally binding under Islamic law.

Conditions for Donee

A donee is the person who accepts the gift made by the donor. When it comes to the conditions for a donee under Islamic law, the following criteria must be met for the Hiba to be valid:

Capable of Holding Property

The donee must have the legal capacity to own and manage the property. This means they should be recognized by law as capable of holding property.

Existence of the Donee

The donee must be alive at the time the gift is made. Someone who is not yet born or has passed away cannot receive the gift. You cannot make a gift to an unknown or unspecified individual.

Gift to Unborn Persons

In Islamic law, a gift cannot generally be made to a person who has not been born. However, the exception applies if the child is already in the womb and is later born alive. In such a case, the gift becomes valid once the child is born. If the child is not born alive, the gift is considered invalid.

Difference Between Hiba and Gift in Muslim Law

In Muslim law, Hiba is recognized as a general gift but holds different legal and religious connotations. As mentioned earlier, Hiba specifically refers to a voluntary and direct transfer of ownership from the donor to the donee without expecting anything in return.

While a general gift in Muslim law can involve various ways of giving property to someone, it may not always adhere to the specific rules that apply to Hiba. Although a gift may occasionally be considered a Hiba, it does not necessarily carry the same religious significance or comply with the precise legal requirements of Hiba.

For instance, if a gift is given with certain conditions or if the property is not immediately handed over, it may still be termed a gift but would not qualify as a Hiba. Therefore, while every Hiba is a gift, not every gift meets the criteria to be considered a Hiba under Muslim law. The distinction lies in the manner in which the gift is given and whether it aligns with the specific rules and intentions of Hiba.

Kinds of Hiba

In Islamic law, Hiba (gifts) can be classified into different types based on the conditions and intentions associated with the gift. Here are the main types of Hiba:

Hiba-bil-Iwaz (Gift with Return)

This type of Hiba is a gift given with the expectation of receiving something in return, although the return is not agreed upon at the time of the gift.

For example, if a donor gives a piece of land to a donee, this is considered a Hiba-bil-Iwaz. Later, if the donor receives something in return, such as money or another piece of land, it confirms the transaction. Once the exchange is made, the gift is irrevocable.

Hiba-bil-Shart (Conditional Gift)

Hiba-bil-Shart is a gift with a specific condition attached. The condition must be fulfilled for the gift to be valid.

For instance, a donor might give a house to a donee because the donee takes care of the donor in their old age.

Hiba-ba-Shart-ul-Iwaz (Gift with Stipulated Return)

This type of Hiba involves a gift given on the condition that something is given in return. The return is stipulated at the time of the gift, and if the return is not provided, the donor may have the right to revoke the gift.

For example, a donor gifts a car to a donee with the condition that the donee will pay a certain amount in return. If the donee pays the money, the gift becomes irrevocable; if not, the donor may revoke the gift.

Hiba al-Musha (Gift to an Heir)

Hiba al-Musha refers to a gift made to an heir while the donor is still alive. This type of Hiba is typically used to distribute part of the inheritance during the donor’s lifetime.

For example, a donor might gift a portion of their property to a donee, their son, while the donor is still alive, which the donee would otherwise receive after the donor’s death. The gift becomes the donee’s property immediately upon transfer.

Rujooh of Hiba (Revocable Gift)

Rujooh refers to a gift that the donor reserves the right to cancel. The donor can take back the gift under certain conditions unless given to a close relative or spouse or for charitable purposes, where revocation may not be allowed.

For example, if a donor gives a gift to a donee who is a friend but retains the right to revoke it, the donor may do so unless it falls under the exceptions mentioned.

Hiba fi Sabilillah (Charitable Gift)

The term “Hiba fi Sabilillah” refers to gifts given for charitable purposes or in the cause of Allah (SWT). These gifts are usually irrevocable and they support religious, educational, or humanitarian causes.

For example, when a donor donates money or property to build a mosque, school, or hospital, it is considered a Hiba fi Sabilillah. The donor gives the gift for the benefit of the community and in the pursuit of good deeds.

According to Islamic law, each type of Hiba has its own set of rules and conditions, and the intention behind the gift is crucial in determining its validity.

Revocation of Hiba

In Muslim law, most voluntary transactions, such as giving a gift (Hiba), can generally be revoked. However, the rules about this differ depending on the Islamic school of thought. For instance, in Hanafi law, revoking a gift is possible, though it’s considered wrong. In Shia law, a gift can be revoked simply by declaring it, while in Sunni law, either the donee’s permission or a court’s approval is usually required to revoke the gift. However, there are certain situations where a gift cannot be revoked at all:

1. When the Donor or Donee is Deceased: The gift cannot be revoked once the donor or the donee has passed away.
2. Prohibited Degrees of Consanguinity: The gift becomes irrevocable if the donee is related to the donor within prohibited degrees of kinship. In Shia law, this rule expands to any blood relative.
3. Marital Relationship: In Sunni law, gifts between spouses are generally irrevocable. However, in Shia law, gifts between spouses can be revoked.
4. Transfer of the Gift: If the donee has transferred the gifted property to someone else through sale or another gift, the original donor cannot revoke the gift.
5. Loss, Destruction, or Change in the Gift: If the donee loses, destroys, or significantly alters the identity of the gifted property, the donor cannot revoke the gift.
6. Increase in Value: If the subject of the gift increases in value in a way that is inseparable from the original gift, it becomes irrevocable.
7. Charitable or Religious Gifts (Sadqa): You cannot revoke gifts given as Sadqa for charitable or religious purposes.
8. Return Consideration: If the donor has received something in return for the gift, the gift cannot be revoked.

Rights of Heirs

When making a Hiba (gift) under Islamic law, it’s essential to ensure that the rights of your heirs are not negatively impacted. Islamic inheritance laws fairly distribute a person’s wealth among their heirs after death, allocating specific shares to children, spouses, parents, and other relatives.

While you have the right to give gifts during your lifetime, these gifts should not be used to unfairly favor someone’s heir over others or diminish the estate that will be distributed according to Islamic law. Doing so can lead to conflicts and is considered against the spirit of fairness and justice in Islam.

Is Hiba a Muslim Name?

Yes, Hiba is a Muslim name. It is an Arabic name that means “gift” or “blessing.” Muslim families commonly give the name Hiba to girls, reflecting the idea of a precious gift or blessing from Allah (SWT). Hiba is mainly used in Muslim cultures and carries a positive and meaningful purpose.