Gift (Hibah)
Hibah is the giving of a gift whether it is given to one who is in need or to a well-to-do person, and thus it differs fromsadaqah which is meant only for the needy though they may be one's relatives. The giving of gifts (including charity) is praised, while the withholding of small gifts is denounced as against the spirit of Islam. Stress is laid on developing the spirit of brotherhood by the giving of gifts, great or small as one can find. Even a poor man may give a gift out of the charity he has received. Compensation for a gift received is recommended. The giving of a gift to one child would be an injustice to other children, and it is therefore not allowed. A husband can give a gift to his wife and vice-versa. A wife may give gifts out of the property she has received from her husband. A joint gift may be given to more persons than one, and a gift may be given out of joint property. A gift may be given to, and received from, a non-Muslim. It is forbidden to take back what has once been given as a gift. A gift for life is recognized subject to certain conditions. Property may be dedicated as waqf, becoming thus inalienable, or as waqf `ala-l-aulad. One who receives a gift or any other good from another must give expression to thanks.
Gift
(Hibah and Waqf)
"As for him who gives (gifts) and guards against evil and accepts the best, We will facilitate for him the easy end" (92:5).
"Woe to the praying ones, who are unmindful of their prayers, who do good to be seen, and withhold small gifts" (107:4-7).
Hibah is the giving of a gift whether it is given to one who is in need or to a well-to-do person and thus it differs fromsadaqah which is meant only for the needy though they may be one's relatives. The giving of gifts (including charity) is praised while the withholding of small gifts is denounced as against the spirit of Islam. Stress is laid on developing the spirit of brotherhood by the giving of gifts, great or small as one can find. Even a poor man may give a gift out of the charity he has received. Compensation for a gift received is recommended. The giving of a gift to one child would be an injustice to other children, and it is therefore not allowed. A husband can give a gift to his wife and vice-versa. A wife may give gifts out of the property she has received from her husband. A joint gift may be given to more persons than one, and a gift may be given out of joint property. A gift may be given to, and received from a non-Muslim. It is forbidden to take back what has once been given as a gift. A gift for life is recognized subject to certain conditions. Property may be dedicated as waqf, becoming thus inalienable, or as waqf'ala-l-aulâd. One who receives a gift or any other good from another must give expression to thanks.
HOW DO YOU TURN YOUR ASSETS INTO A GIFT
WITHOUT A WILL DURING YOUR OWN LIFETIME?
Hibah - A gift for the ones you love during your own lifetime for Muslims
Our spouses Our children. They are the very source of our happiness. As such, it is only natural for us to provide them with security and protection to ensure their safety and happiness. While this does not pose much of a problem if done on a daily basis, wherein lays the safety net in the event of the unexpected? Our calling to The Almighty is not something we can predict. Which then raises the question: In the event, what will happen to our loved ones?
What is Hibah Harta?
Hibah Harta, is a private contractual arrangement whereby a person (the Donor) allocates his property, during his lifetime, to his loved ones (the Donees). In doing so, the property allocated thus will be held in trust. This concept involves three parties - The Donor, The Donee and The Trustee.
Upon the Donor's demise, the Trustee will then transfer the gifted property to the Donee. As Hibah Harta is a private contract done during the lifetime of both the Donor and the Donee, the property will not form part of the Donor's estate, and not subjected to the Probate and Administration Act and Faraid. Hence, this makes the transfer of the Donor's assets smoother and trouble-free.
In Islam, it is encouraged (sunat) to perform Hibah your asset. Hibah is not subject to laws relating to Estate (Deceased Estate). Thus, the time taken to distribute the Donor's assets according to his wishes would be easier and faster. In doing so, the Donor is also ensuring the well being and harmony of his family.
The difference between Hibah Harta and a Will?
Without Hibah Asset or a Will (Deceased Estate)
The administration of your estate may encounter many unforeseen problems and difficulties, as it would be subject to the rules and regulations of various regulatory authorities which can prove to be daunting and time consuming. Either way, the distribution process of your estate may take between 6 months to 10 years. There have been cases which stretched up to 20 years.
With a Will
The processing time of a Will is a little shorter (between 3 to 6 years), as the terms of your Will may have to be read out in the Civil Courts. However, this procedure is still subject to the various Acts and Regulations such as: Probate and Administration Act, Rules of The High Court, Faraid / Will Act.
With Hibah Harta
As Hibah is a private agreement made between two consenting parties during their lifetime, it is not subject to any laws relating to the estate of the deceased or a Will. Thus, the time taken to perfect the assignment of your assets by way of Hibah will take only between 14 days to 3 months.
The assets of the gifted property will be preserved and managed by the Trustee. Hence, preserving the security and well-being of the Donor, the gifted property will be wholly owned by the Donee only upon the demise of the Donor.
With Hibah, you can be assured that your loved ones will be well taken care of when you are no longer around to do so. You will rest easy with Hibah.
Source: Islamic Econimics
