donees capacity Islamic personal law gift


Under Islamic personal law, the concept of gift is known as “hiba” or “hiba-bil-iwaz.” A gift in Islamic law refers to the transfer of ownership of a specific property from the donor (known as the “donor”) to the recipient (known as the “donee”) without any consideration or expectation of anything in return. In order for a gift to be valid and enforceable, certain conditions must be met, including the capacity of the donee.Capacity of the Donee:1. Islamically Legitimate: The donee must be a Muslim, as gifts between Muslims and non-Muslims are generally not recognized in Islamic law.2. Mature and Sane: The donee must be of legal age, which is determined by reaching the age of puberty or being intellectually mature. Additionally, the donee must be of sound mind and capable of understanding the consequences of receiving the gift.3. Ownership Rights: The donee must have the legal capacity to own and manage the property being gifted. For example, a minor or someone who is declared legally incompetent may not have the capacity to receive a gift.It is important to note that the specific requirements for the capacity of the donee may vary in different interpretations and schools of Islamic law (such as Hanafi, Maliki, Shafi’i, and Hanbali). It is advisable to consult with a qualified Islamic scholar or a legal expert well-versed in Islamic personal law for precise guidance pertaining to your jurisdiction or situation.

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