Gift / Hiba under muslim law | muslim law lecture | muslim law in hindi | Ariyat

2020/08/23 に公開
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Gift under Muslim law is called Hiba. Muslim law allows a Muslim to give away his entire property by a gift. The provisions of transfer of property act 1882, do not apply to gifts made by Muslims who are consequently governed by the provisions of Muslim law. There must be an Ijab (declaration), Qubool (acceptance) and Qabza ( delivery of possession) for a valid gift.

Basic requirements for the validity of a gift :

•Parties to the gift: 2:32
Donor 2:36
Donee 4:53

•Subject matter of gift 7:17
Corporeal v. Incorporeal property 8:04
Difference between usufruct (ariyat) and corpus(hiba) 8:52

•Essential ingredients of making of a gift: 13:47
1) Declaration or ijab 13:55
2) Acceptance or qubool 15:03
3) Immediate transfer of property or Qabza 19:15
Exceptions to the rule of immediate delivery of possession 22:15