Gift under Muslim Law | Hiba under Muslim Law | Types of Hiba | #crashcourse

Hiba or simple gift means the donation of a thing from which the donee may derive benefit. It is a transfer of ownership without consideration.
CONDITIONS OF A VALID HIBA
1. The donor should have contractual capacity
• Person must be major
• Sound mind
• Not disqualified by law of land
2. The donee should be a person in existence
3. Declaration by donor and acceptance by donee
• Acceptance must before death of donor or revocation.
4. Delivery of possession of any property to the donee.

EXCEPTIONS TO DELIVERY OF POSSESSION
• Father to minor son
• Donor-donee resides in same house
• Gift by co-sharer to others
• Part delivery
• Subject matter in occupation of tenant
• Incorporeal Rights
• By husband to wife and vice-versa
• Zamindari villages
• Where the donee is in possession
REVOCATION OF HIBA
A. BEFORE DELIVERY
 Unrestricted right to revoke
B. AFTER DELIVERY
 Even after the delivery of possession the donor has a right to revoke the gift with the consent of the done or by a formal decree o the Court. In the following conditions the gifts are absolutely irrevocable :
• When donor is dead
• When done is dead
• When done is related to the donor in prohibited degrees of consanguinity i.e. brother and sister etc.
• When donor and done in marital relationship
• When the subject of the gift had been transferred by the done, by sale, gift and otherwise.
• When the subject of the gift is lost, destroyed or changed.
• When the subject of the gift has increased in vale and the increment is inseparable.
• When the gift is sadqah
• When anything has been accepted in return.
SHIA LAW
• A gift to any blood relation is irrevocable.
• A gift may be revoked by a mere declaration on the part of the donor without any proceedings in court.
• A gift by husband to his wife or vice-versa is revocable even after delivery of possession.
TYPES OF HIBA
1. Hiba-bil-Iwaz
2. Hiba-ba-shartul-Iwaz
3. Hiba-Marj-ul-Maut
4. Hiba-e-Mahr
5. Sadaqah
6. Ariyat
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