Gifts

Posted on 04/01/2012 by marina

GIFTS Arabic hibah هبة
pl. hibat. A deed of gift. The term Hibah in the language of Muslim law means a transfer of property made immediately and without exchange. He who makes the gift is called the Wahib, or donor; the thing given, mauhub; and the person to whom it is given in mauhub lahu.
Muhammad sanctioned the retraction of a gift when he said “A donor preserves his right to his gift, so long as he does not obtain a return for it.” Although there is another tradition which says: “Let not a donor retract his gift; but let a father if he pleases retract his gift to his son.” Ash-Shafi’i maintains that it is not lawful to retract a gift, except it be from a father to a son. All the doctors are agreed that to retract a gist is an abomination, for Muhammad said: “the retraction of a gift is like earing one’s spittle.” The general opinion is that a gift to a stranger may be retracted, but not a gift to a kinsman. A retracted gift, by the mutual consent of the parties, should be effected by a decree of the Qazi, or judge. (Hidayah, vol iii p 290.)

Based on Hughes, Dictionary of Islam