This article was written by Abhinav Rana and has been further updated by Sakshi Kuthari. In this article, the concept of gift under Muslim law has been discussed in detail. The focus is on the requisites of gifts, the donor’s right to gift, modes of making a valid gift, void gifts, oral gifts, the doctrine of ‘mushaa’, revocation of gifts, kinds of gifts and the differences between them.
This article has been published by Shashwat Kaushik.
Introduction
Under Mohammedan law, the concept of Hiba (a gift under Muslim law) has been in existence since 600 A.D. A ‘Hiba’ or a disposition inter vivos is defined as the donation of a thing from which the donee may derive benefit. It is an unconditional transfer of property, made immediately and without any exchange or consideration, by one person to another and accepted by or on behalf of the latter. According to the Mohammedan Law, the transfer of property as a gift is not regulated by the Transfer of Property Act, 1882. It is instead regulated by the Mohammedan Law. It allows an individual to donate their entire property during their lifetime. Muslims have various modes of transferring their property, one of which is “Hiba.” In India, it is often considered that the term ‘gift’ is similar to ‘Hiba’ and both are understood to connote all transfers of property without consideration. Whereas in English law, ‘gift’ has a much wider expression that is applicable to each and every transaction where an individual transfers his or her property to another without any consideration for the same. In contradiction to this, the term ‘Hiba’ in Mohammedan law has a much narrower connotation.
Definition of Hiba (gift) under Muslim Law
According to the Mohammedan law, a Hiba or simple gift inter vivos, is the donation of an item from one living person to another, allowing the donee to derive certain benefits. In other words, it can also be defined as an unconditional transfer of property, executed instantly and without any exchange of consideration (something in return), from one individual to another, with acceptance by or on behalf of the recipient. In this type of unrestricted transfer, payment of consideration is not necessary. According to Mulla’s definition, a gift is made immediately, with no exchange involved, and is accepted by or on behalf of the recipient.
A person has the legal right to give their property to another individual during their lifetime or to transfer it through a will, which takes effect after their death. When a gift is made between two living beings, it is referred to as a disposition inter vivos, and when the gift
