Ameer Ali defines it as:According to the Hedaya, According to Hanafi lawyers According to Sharya-ul-lslam,

0 Comments

Ameer Ali defines it as:“A hiba is a voluntary gift without consideration, of property or the substance of thing by one person to another so as to constitute the donee the proprietor of the subject-matter of the gift.According to the Hedaya, A hiba is transfer of property made immediately and without any exchange.According to Hanafi lawyers hiba is an act of the bounty by which a right of property is conferred in something specific without an exchange. Baillie defines it as:-“The conferring of right of property without an exchange”. According to Sharya-ul-lslam, Hiba is “a contract by which the property or a substance (ayn) is transferred immediately and unconditionally without any exchange and free from any pious or religious purpose on the part of the donor. Durr-ul-Mukhtar defines it as a “transfer of the right, of property in substance by one person to another without return.” Under the Shia law, a hiba is “an obligation to which- property is a specific object is transferred immediately and unconditionally without any exchange and free from any pious or religious purpose on the part of the donor.”So, everywhere the idea hidden is that a hiba immediate transfer without consideration and is unconditional.Ariat,: An ariat is the giving of the use, enjoyment or usufruct of some movable or immovable property or right to another without any consideration or without any return of exchange. The Durir-Mukhtar defines it as “Making another owner of the usufruct without any consideration. According to the Fatwa-i-Alamgiri it is the giving of the usufruct without any return ” So when a person grant a license or right to the usufruct without any consideration then such transaction is known as ariat or areat. In ariat, the ownership of the property is not transferred but only the use of profit of such property or right is granted for a limited time and can be revoked any time by the person who has granted it,Sadaqa: A sadaqa is the immediate transfer of some movable or immovable property to right by one person to another with the object of acquiring some religious or spiritual benefit but without any consideration. So like a hiba, the property of right is transferred immediately with the object of making charity. Sadaqa is similar to hiba with the only difference of its object like hiba, in sadaqa delivery of possession is necessary. A sadaqa once made cannot be revoked, for example when a person makes a gift of Rs 10,000/ for distribution of food to people on some religious day, the transaction is sadaqa,

Tags: ,

Leave a Reply

Your email address will not be published. Required fields are marked *