Gifts (Hibah) in Islam
Etymology and Translations
- Arabic: هبة (Hibah)
- Turkish: Hediye
The term “Hibah” in Islamic jurisprudence refers specifically to a deed of gift, characterizing the act of transferring ownership of property or assets without demanding anything in return.
Key Terms and Definitions
- Wāhib (وَاهِب): The donor or person who gives the gift.
- Mauhūb (موهوب): The item or property that is given.
- Mauhūb Lahu (موهوب له): The recipient or person who receives the gift.
Legal and Theological Context
Under Islamic law, the act of Hibah is a voluntary transfer of property made immediately and without any exchange or consideration. It signifies a selfless act of giving and is highly encouraged in many Islamic teachings as a means to foster goodwill and charity.
Retracting a Gift
Islamic tradition, as narrated through various Hadiths (traditions of the Prophet Muhammad), allows specific rules regarding retracting gifts:
- General Principle: “A donor preserves his right to his gift, so long as he does not obtain a return for it.”
- Exception: “Let not a donor retract his gift; but let a father if he pleases retract his gift to his son.”
Islamic jurisprudence, especially the Shāfiʿī school, maintains that while retracting a gift is generally disallowed except in special circumstances, such as a father retracting a gift given to his son. The retraction of a gift, by mutual consent of the parties, often requires a decree from the Qāẓī (judge).
Ethical Considerations
Islamic ethics strongly discourage the practice of retracting gifts. The Prophet Muhammad metaphorically condemned it by comparing the retraction of a gift to eating one’s own spittle, highlighting the dishonorable nature of such an act.
Applications in Contemporary Times
In today’s context, the principles surrounding Hibah continue to influence Islamic inheritance laws, and the practice is seen in family arrangements and charitable donations.
Suggested Readings
For those looking to delve deeper into the concept of Hibah and its significance in Islamic law, the following texts are recommended:
- “Hidayah: A Commentary on the Islamic Laws” by Al-Marghinani
- “The Majelle: A Commentary on the Ottoman Civil Code”
- “Islamic Law and the Challenges of Modernity” by Wahba Zuhayli
Takeaways
- Ethical Encouragement: Giving without expectations strengthens communal bonds and reflects selflessness.
- Legal Implications: Retracting gifts is heavily regulated, with strict ethical guidelines in place.
- Contemporary Relevance: The principles of Hibah are still pertinent in various aspects of modern Islamic life, including charitable actions and family dynamics.
Conclusion
In conclusion, the concept of Hibah or gifts in Islam is much more than mere generosity; it is a practice embedded with deep ethical and legal implications, encouraging community solidarity and responsibility. Adhering to the guidelines and ethical teachings related to Hibah ensures that the act of giving remains a noble and respected tradition within the Muslim world.
