Hibah (هبة)
Definition
Hibah (هبة) is a legal term in Islamic law (Sharia) that signifies a deed of gift. It refers to the transfer of ownership of property made immediately and without any form of exchange or compensation. Unlike a sale or barter, a hibah is a voluntary and altruistic transfer from one party to another, often intended as an act of charity or goodwill.
Etymology
- Arabic: The term “هبة” (hibah) originates from the Arabic root “و” “ه” “ب” (h-w-b), which directly translates to “gift” or “donation.”
- Turkish: In Turkish, “hibah” is also used as “hibe,” maintaining the same meaning and connotation.
Legal and Theological Context
Under Islamic jurisprudence, the concept of hibah is extensive and covers several conditions and stipulations for it to be considered valid:
- Immediate Transfer: The transfer of ownership must occur immediately, meaning there are no conditions for future fulfillment.
- Voluntary: The transfer should be completely voluntary without coercion or expectation of return.
- Acceptance: The recipient must explicitly accept the gift for the transfer to be finalized.
- Possession: Actual possession and control over the gift must be given for the transaction to be valid.
- Owner’s Authority: Only the property owner has the right to transfer it through a hibah.
Impact and Use
Hibah plays a crucial role in various socio-economic contexts within Islamic societies. It is often utilized for family welfare, charitable purposes, and aiding those in need. The generosity associated with hibah is highly encouraged in the Qur’an and Hadiths, reflecting its importance in fostering social solidarity and community welfare.
Related Concepts
- Sadaqah (صدقة): Voluntary charity given for the sake of Allah.
- Waqf (وقف): A religious endowment in which assets are donated for religious or charitable purposes and managed per Islamic law.
Books for Further Studies
- “An Introduction to Islamic Law” by Joseph Schacht
- “Islamic Law in Modern World” by J. N. D. Anderson
- “Sharia: Theory, Practice, Transformations” by Wael B. Hallaq
- “Islamic Law and the Challenges of Modernity” Edited by Yvonne Yazbeck Haddad
Takeaways
- Charitable Giving: Hibah embodies the spirit of altruism, generosity, and community support highly valued in Islam.
- Legal Framework: Understanding hibah within Islamic law provides insight into the legal and ethical conduct regarding property and ownership transfer.
- Cultural Practices: The practice of hibah can significantly strengthen family bonds and community ties through voluntary acts of giving.
Conclusion
Hibah is a foundational concept in Islamic law, symbolizing more than just a gift; it represents the principles of generosity, lawful ownership, and social responsibility. Its legal stipulations ensure fairness and ethical conduct in the transfer of property, aligning with the broader objectives of Sharia in fostering a just and compassionate society.
