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Manage of Gift

In: Other Topics

Submitted By aqeed
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Definition of Gift
Hedaya defines gift in the following words:
“Gift is an unconditional transfer of ownership in an existing property, made immediately and without any consideration”.
Baillie defines gift as under:
“Gift is a transfer which confers the right of property, in something specific, without an exchange.” kinds of Gift
The Muslim law recognized four kinds of gifts.-
(i) Hiba- gift properly called,
(ii) Sadaqa- Alms
(iii) Hiba- bil-iwaz-gift with exchange; and
(iv) Hiba-ba-shart-ul-iwaz-gift with a stipulation for a return.
(i) Hiba- gift properly called
Hiba is a transfer of properly, made immediately, and without any exchange or consideration. In practice this is only kind for which the term “hiba” on gifts is used.
(ii) Sadaqa- Alms
The “Sadaqa” is a gift with religious motive. The word has been used in Quran for alons. Sadaqa is a gratuitous transfer in the same manner as a gift. It is a gift in the nature of charity. The delivery of the property is essential.
(iii) Hiba- bil-iwaz-gift with exchange;
The hiba-bil-iwaz is a transaction made up of two district donations, separate acts of hiba, between two person, each of whom is alternately the donor of one gift and the donee of the other. In other words, when the donce of a certain gift makes a gift of the original donor signifying his wish that the present gift is by way of iwaz (return or exchange) for the original gift.
(iv) Hiba-ba-shart-ul-iwaz
It is a hiba-bil-iwaz form of with a shart on condition. Where a gift is made with a stipulation for a return, it is called hiba-ba-shart-iwaz. As in the case of a hiba, so in the case of a hiba-ba-shart-ul-iwaz, delivery of possession is necessary to make the gift...

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