hibah

Hibah is a term in Islamic law describing a voluntary transfer of ownership of property from a donor to a recipient without any consideration, to take effect during the donor’s lifetime. It is commonly used for money, real estate, or other assets and is distinguished from bequests (wasiyah) that take effect after death. The essential elements are the donor’s ownership of the property, the intention to give (niyyah) and an offer, and the recipient’s acceptance (qaul or kabul). Delivery of the item or its physical transfer typically completes the transfer, though acceptance can occur after delivery in some cases. For minors or other persons lacking capacity, a guardian may accept on their behalf. The validity of a hibah also depends on compliance with applicable religious and civil law and on not violating public policy.

Revocability: If a hibah has not yet been delivered or accepted, it may be revoked by the donor. Once delivery and acceptance have occurred, it is generally considered irrevocable in most schools of Islamic law, unless the gift contract contains specific provisions allowing revocation or there is a separate agreement permitting it under certain conditions.

Modern context: In many Muslim-majority jurisdictions, hibah is recognized within civil or family law and can be subject to formal registration, record-keeping, and tax implications that vary by country. Hibah is often discussed alongside other instruments such as wasiyah (will) and waqf (endowment). It is commonly used for family asset management and planning, enabling the donor to transfer wealth during life while balancing inheritance rights.

See also: Wasiyah, Waqf, Sadaqah.