Concept of Hiba (Gift): Essentials and Kinds Hiba is a valuable gift that a person can give to another, signifying respect and goodwill. It is an essential e...
Hiba is a valuable gift that a person can give to another, signifying respect and goodwill. It is an essential element of Islamic law, particularly in the context of intestate succession.
Essentials of Hiba:
Intentional act: The giver must have had the genuine intention to give the gift, without any intention of gaining anything in return.
Voluntary act: The gift must be voluntary and not forced or coerced. It cannot be obtained through manipulation or undue influence.
Acceptance: The receiver must accept the gift with sincere intention and appreciation.
Types of Hiba:
Zakat (almsgiving): Zakat is a mandatory payment made by an adult Muslim to the poor and needy. It is the primary type of hiba mentioned in the Quran.
Wada'ah (blood money): Wada'ah is a payment made by a Muslim to settle a debt or avenge a death. It is not considered a true gift.
Maal (family support): Maal includes support and assistance provided by a Muslim to their family members, such as paying their bills or taking care of their children.
Qardas (presentations): Qardas are tangible or intangible gifts that are given with the intention of expressing affection or appreciation. They can include anything from a gift of food and drink to a piece of jewelry or a deed of charity.
Importance of Hiba in Intestate Succession:
Hiba plays a crucial role in intestate succession, a legal system where the law determines the distribution of a person's assets upon their death. According to Islamic law, a child inherits their father's property, including any gifts given by him. When a child dies without any surviving spouse or lineal descendants, their father is obligated to distribute the deceased's hiba according to the law. This ensures that the child receives a portion of their father's wealth, thus promoting fairness and protecting the rights of the deceased's family