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Critical Analysis Of Hiba




Thejah Senthil Kumar, Vellore Insititute of Technology Chennai Campus

ABSTRACT

Muslim law, also known as Islamic law or Shariah, is a legal code that regulates Muslims' private and public lives in accordance with Islamic teachings. It is derived from a number of sources, including the Hadith (prophet Muhammad's sayings and deeds), the consensus of Islamic scholars, and analogical reasoning.

Muslim law covers a wide range of topics, including criminal law, contractual obligations, property rights, and ethical principles. Personal status issues (like marriage, divorce, inheritance, and guardianship) are also included. It offers Muslims a complete framework for living their lives in accordance with Islam's tenets and teachings.

According to Islamic law, the act of giving or donating property to another person without receiving any kind of payment or consideration is known as hiba. In a voluntary transfer of ownership, the donor gives up ownership of the gift and the donee takes over as the new owner.

Hiba, which is regarded as an act of charity, generosity, and kindness, has a special place in Islamic teachings. It enables people to share their wealth, care for their loved ones, and carry out their moral and religious duties.

The following sections of this research paper will cover topics such as what hiba is and its legal validity, the different types of hiba that exist and the revocation of gifts, and the gift of Musha, the donee and requirements, as well as their authority.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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