A Study on the Muslim Legal Notion of Hiba

  • Tushita Verma
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  • Tushita Verma

    Student at Vivekananda School of Law and Legal Studies, India

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Gift refers to something freely offered to someone without compensation. There is no differentiation between personal and real property in Islamic law. Many experts interpret Hiba in Muslim law as an absolute and unconditional transfer of ownership in an existing property made immediately and without stipulation. Gifts are also known as "Hiba '' in Mohammedan law. Hiba refers to the manner in which property is transferred under the veil of gift. The definition of "gift" in Section 122 of the Transfer of Property Act is the willing and unremunerated transference of any existing real estate, be it mobile or immovable, from one person to another, the donor to the donee, and the acceptance of the donee or someone acting on their behalf. It is crucial that property is transferred voluntarily, and that it is done so without coercion or any outside influences. Inter vivos gifts or genuine presents are covered by this section. Under the aforementioned paragraph, property may be either movable or immovable, but it must be of a quantifiable kind. A physical asset must be present for it to qualify as a legal "gift" under Mohammedan law. The donation may be revoked up until it is finished. In other words, even if all of the conditions for the contributions are met, the donor has the authority to revoke the offer. The definition of the terms "gift" and "the topic" has long been a well-recognised subject that has grown to a distinctive area of property law. The "gift" provision of the Property Act, how it differs from Mohammedan law, and its ramifications are fundamental topic of this research paper. While the process for enforcing a gift under the Transfer of Property Act is extensive, it is fairly straightforward under Muslim law (Hiba).


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 2238 - 2249

DOI: https://doij.org/10.10000/IJLMH.113319

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