The Shariah Status and Conditions of Hibah (Gift)

Abstract

Hibah (gift) is an important institution in Islamic law that promotes love, mutual cooperation, and social solidarity while regulating financial relations among individuals. This study examines the concept, legal basis, pillars, conditions, rulings, and revocation of hibah from the perspective of the Ḥanafī school of Islamic jurisprudence. It employs descriptive, analytical, and inferential research methods based on the Qur'an, the Sunnah, and authoritative juristic sources. The findings reveal that hibah is a lawful and recommended gratuitous contract that becomes effective upon the fulfillment of its essential pillars and legal conditions. Revocation after possession is generally restricted and is permissible only under specific circumstances recognized by Islamic law, whereas several legal impediments safeguard the stability of hibah and protect the rights of the parties. This study highlights the juristic principles governing hibah and their significance in ensuring fairness and legal certainty in financial transactions.