TAMIL NADU NATIONAL LAW UNIVERSITY, TIRUCIHRAPALLI

Submitted for the internal assessment for the course of

B.A., LL.B (Hons.) – Third Semester
Academic Year: 2020-2021

Subject: Family Law II

Hiba- a gift under Muslim law

Course Faculty: Ms. Ammakannu.Se, Submitted By:

Assistant Professor (Law), Ms. Otak tapok,
TNNLU (BA0190040)
 HIBA- A GIFT UNDER MUSLIM LAW

Introduction

Gift is a transfer of property where interest is transferred from one living person to another, without any
consideration. It is a gratuitous and inter vivos in nature. This is the general definition that is accepted by
all the religions, including Muslim law. As per the Muslim Law, a gift is called as Hiba.

Under English laws, right in property is classified by a division on the basis of immoveable and moveable
(real and personal) property. Rights in land described as “estate” under English Law do not always imply
only absolute ownership but it also includes rights which fall short of it and are limited to the life of the
grantee or in respect of time and duration or use of the same

Under Muslim Law, the concept of Gift developed much during the period of 610 AD to 650 AD. In
general, Muslim law draws no distinction between real and personal property, and there is no
authoritative work on Muslim law, which affirms that Muslim law recognizes the splitting up of
ownership of land into estates. What Muslim law does recognize and insist upon, is the distinction
between the corpus of the property itself (called as Ayn) and the usufruct in the property (as Manafi).

RESEARCH OBJECTIVES:

 To analyze the concept of gift under Muslim law

 The paper seeks to find the subject matter of gift under Muslim law
 To understand the different kind of gift (Hiba) under Muslim law

RESEARCH PROBLEM:

RESEARCH QUESTIONS:
1. What is the concept of Hiba under muslim law and the various types of gift (Hiba)?
2. what is the competency to make a Hiba under muslim law and can minor be
considered a Donee?
3. What is the constitutional validity of Hiba?
4. What are the essentials of hiba under muslim law?
RESEARCH METHODOLOGY:
CHAPTERISATION:
1. Introduction
 2. The concept of Hiba under Muslim law
3. Essential of Hiba
4. Subject matter of hiba
5. Competency of the doner: capacity and right
6. Gift to minor
7. Kinds of gift (hiba)
8. Conclusion

SCOPE AND LIMITATION: