Hibah is a voluntary gift during one's lifetime, without consideration. But many miss one key condition — qabd (transfer of possession) — which can render the hibah incomplete. This article explains what hibah is and its conditions.
Pillars & conditions of hibah
- Giver (wahib) — rightful owner, sane, of age, willing.
- Recipient — exists & can own.
- Gifted item — owned by the giver, exists, deliverable.
- Sighah — offer (ijab) & acceptance (qabul).
- Qabd — transfer of possession/control to the recipient.
Why qabd is often missed
Many "intend" to gift a house or money but don't complete the transfer of possession (e.g. no title change, no real control given). Without qabd, the hibah can be deemed incomplete and the asset returns to the estate — subject to faraid.
Modern solution: Instruments like hibah amanah (hibah + trust) help complete the hibah via a trustee, while the giver can still benefit during life. This is often used for homes & large assets.
Note: This is general guidance, not specific legal or religious advice. For your case, consult a syariah lawyer, Amanah Raya, or a licensed hibah/wasiat provider.
Nazim's Take
"Intending to give" alone isn't legally enough. If you're serious about gifting something, complete the documentation & transfer — or use hibah amanah. Don't leave it to assumption.
Frequently Asked Questions
What is qabd in hibah?
Qabd is the transfer of possession or control of the gifted item to the recipient. It's a key condition for the hibah to be complete.
Can I gift a house but still live in it?
Yes, via structures like hibah amanah, where a trustee holds it for the recipient while the giver still enjoys the benefit. Consult a licensed provider.
Can a hibah be revoked?
After qabd is complete, a hibah generally can't be revoked (with some exceptions for parent-to-child gifts). Consult a Shariah view.