Sample Hibah Agreement

Unfortunately, Muslim scholars differ in views on the validity of such a gift under Muslim law. It is entirely possible that such a gift is considered the intention to take effect after the death of the donor, in which case it may be subject to the restrictions applicable to The Wasiat as described above. This article deals with the Hibah and the rules of Muslim law that apply to them. The fortune of a deceased Muslim, who had been given during his lifetime, falls outside faraid`s adage. In other words, these assets remain the property of what has been done and cannot be distributed to the heirs (waris) of the deceased. A Muslim can immediately give everything he owns (or any amount of it) to another person or party (z.B. a non-profit organization) by immediately transmitting both the right of the gift and the possession of the gift to the recipient of the gift (called “donee”). In a wasiat, a Muslim is not allowed to give his fortune to people who are already his heirs under Faraid. In addition, a Muslim cannot give more than a third (1/3) of his fortune in a wasiat. These restrictions do not apply to the Hibah.

The Hibah Ruqbah is a form of conditional gift by which the donor says: “This property belongs to you as ruqba; If you die before me, the property will be mine, and if I die before you, the property will become your property.┬áThe Arabic term “ruqba” means waiting for the other to die. Alternatively, the person making the gift (called “the donor”) can execute a document (usually a “gift certificate”) to explain the gift. In this case, the right and possession of the object of the donation cannot be transferred immediately to the person concerned.

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