Hiba (Donation)

The concept of “hiba” in Islamic law refers to the gratuitous transfer of property from one person to another without any expectation of reciprocity. It highlights the historical and religious context of hiba, emphasizing its encouragement in Islamic teachings as a form of worship and cooperation. The text also explores the legal aspects of hiba, including its definition, requirements, and termination conditions. It notes that hiba must involve a change of ownership and be unconditional, although some conditional donations are permissible for specific purposes. The completion of a hiba requires the receipt by the beneficiary, and recourse by the donor after acceptance is subject to certain conditions and obstacles, including blood kinship, consanguinity, and consideration.