What are different kinds of Hiba?

KINDS OF HIBA

  • HIBA BIL-IWAZ. This kind of gift arises when someone receives a gift for an already completed act which may be deemed as the consideration for the gift.
  • HIBA BA SHART UL IWAZ.
  • SADKAH.
  • ARIYAT.

What are the essentials of a valid Hiba?

It means the three essentials condition for a valid Hiba is essentials namely, the declaration, acceptance and delivery of possession. Every Hiba-bil-Iwaz is pure gift in its inception. But as soon as the donee also makes a gift in return of the original gift, the original gift becomes Hiba-bil-Iwaz.

What do mean by Hiba?

Hiba (Gift) is a transfer of ownership in a property intervivos . Intervivos means living person. Gift is transfer of property in which ownership is transferred by one living person to another living person without consideration of existing property. Gift made by Muslim is called Hiba.

What is Hiba in Islamic law?

A Hiba is defined as the transfer of the possession of property, movable and immovable, from one person to the other willingly and without any reward. The one who makes this transfer is known as donor (Wahib), and the thing transferred is known as Mauhubah, and the one who is donated is known as Mauhub lahu (donee).

Can Hiba be challenged in court?

Thus no one can challenge the facts set out in the said documents, and challenge title which cannot be questioned even by the former owner or any person claiming under him.

Can Hiba be revoked?

Revocation of Hiba Although Prophet was against the revocation of gifts, it is a well-established rule of the Islamic law that all voluntary transactions, including Hiba, are revocable. Different schools have different views with regard to revocation.

Is Hiba required to be registered?

Therefore, it is clear that established position of law is that an oral gift (hiba) by a Muslim, is not required to be in writing and is valid if its three stated ingredients are present. If there is writing made, recording the oral gift, such writing does not require registration.

Is unregistered Hiba valid?

The memorandum in case or oral Hiba need not be registered and no stamp duty is payable but if the words Hibanama are written on the document then it needs to have 7% stamp duty and it should be duly registered like a normal Gift Deed. If they have unregistered Hibanama then it is of no value.