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HIBAH - Coggle Diagram
HIBAH
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Definition
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Technially : A voluntary contract that results in uncompensated
ownership transfer between living individuals
Hibah is a transfer of legal and beneficial ownership of the assets from the donor to the beneficiary on volunteer basis. i.e. without valuable consideration and compensation
Under Hibah, the proportion of distribution to heirs and non-heirs can be determined by the donor
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Conditions of Hibah
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Conditions for the Donee
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If the donee has legal capacity, he/she can receive (qabd) gift by him/herself. If he/she is not eligibleAPPLICATION recipient, the receipt (qabd) has to be done by his legal guardian
Conditions of the object
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Every object which is legally tradable from shariah perspective is considered legal to be given as gift
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Revocation of Hibah
Hanafi
Permit the donor to recall/revoke the hibah (gift) as long as no legal restriction forbidding the revocation
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