In Islamic law, "Hiba" and "gift" represent foundational concepts governing property transactions and interpersonal relationships. Derived from Quranic injunctions and Prophetic traditions, these principles have shaped legal frameworks and socio-cultural practices within Muslim communities globally. Hiba, a unilateral transfer of ownership without consideration, embodies the spirit of generosity intrinsic to Islamic teachings. Conversely, "gift" encompasses a broader spectrum of ownership transfers, driven by sentiments of affection, gratitude, or religious duty.

This study aims to delineate the nuances between Hiba and gift within Islamic jurisprudence, examining their legal bases, conditions, types, revocability, purposes, and implications. By analyzing classical texts, scholarly interpretations, historical precedents, and contemporary applications, it seeks to illuminate the theological, legal, and socio-cultural foundations underpinning these concepts.

Hiba and gift-giving hold significant cultural and social value in Islamic societies, serving as expressions of benevolence, hospitality, and solidarity. Despite their similarities, differences exist in their legal treatment and implications, necessitating a nuanced understanding. This study seeks to contribute to the discourse on Islamic jurisprudence's relevance in contemporary legal frameworks and societal norms, offering insights into the complexities of property transactions and interpersonal relations within Islamic law.

Through a comparative analysis, this study endeavors to elucidate the distinctive features and implications of Hiba and gift, enriching our understanding of Islamic legal principles and their application in diverse contexts.

Research Issues:

• Explore the Quranic verses, Hadiths, and scholarly opinions that form the legal basis for Hiba and gift in Islamic law.
• Examine the conditions required for a valid Hiba or gift, including the capacity of the donor and recipient, absence of coercion, and intention to transfer ownership.
• Investigate the various types of hiba and gift, such as hibabil-iwaz, inter vivos gifts, and testamentary gifts, and their implications.
• Analyze the circumstances under which Hiba or gift may be revoked according to Islamic jurisprudence.

Research Methodology
The research methodology entails a comprehensive review of classical Islamic texts, scholarly analyses of contemporary interpretations, and examination of historical and contemporary case studies. Interviews with legal experts and community leaders will provide diverse perspectives, while comparative analysis with other legal systems will identify parallels and distinctions. Fieldwork, comprising surveys and observations, will offer empirical data on hiba and gift-giving practices in specific cultural contexts. This multifaceted approach aims to provide a nuanced understanding of hiba and gift in Islamic law, integrating theoretical insights with practical applications and societal dynamics.

Mode of Citation
Citations shall follow the preferred citation style of the academic institution or publication, adhering to recognized standards such as APA (American Psychological Association), and Bluebook citation format for legal documents, as appropriate. Additionally, references to religious texts and legal statutes shall be provided in accordance with established scholarly conventions, ensuring accuracy and consistency in citation practices. Foundations and Applications of Hiba and Gift in Islamic Law

Exploring the Quranic verses, Hadiths, and scholarly opinions that form the legal basis for hiba and gift in Islamic law reveals a rich tapestry of principles governing property transactions and interpersonal relations. These foundational sources provide the framework upon which legal rulings and interpretations are built, shaping the understanding and application of hiba and gift within Islamic jurisprudence. Case law further elucidates the practical implications and nuances of these concepts in diverse contexts, offering insights into their legal treatment and societal dynamics.

Quranic Verses:
The Quran, the holy book of Islam, contains several verses that provide guidance on property transactions and acts of charity, which form the basis for hiba and gift in Islamic law. For instance, Surah Al-Baqarah (2:177) states: "It is not righteousness that you turn your faces towards the east or the west, but righteousness is in one who believes in Allah, the Last Day,[2:35 pm, 26/4/2024] Vivek Shukla: the Angels, the Book, and the Prophets, and gives his wealth, in spite of love for it, to relatives, orphans, the needy, the traveler, those who ask [for help], and for freeing slaves." This verse emphasizes the importance of charitable giving and generosity, which underpin the concept of hiba as a voluntary transfer of wealth.

Hadiths:
Hadiths, the recorded sayings and actions of the Prophet Muhammad, provide additional insights into the legal and ethical dimensions of hiba and gift in Islamic law. Numerous Hadiths emphasize the virtues of giving and the benefits of acts of charity. For example, the Prophet Muhammad is reported to have said: "Give gifts, for indeed the gift removes bad feelings from the chest," highlighting the positive social and psychological impact of gift-giving (Sahih al-Bukhari). Such Hadiths reinforce the notion of gift-giving as a means of fostering goodwill and strengthening relationships within the community.

Scholarly Opinions:
Islamic jurists (fuqaha) have elaborated on the legal principles derived from the Quran and Hadiths regarding hiba and gift. Classical legal texts, such as the works of jurists like Imam al-Shafi'i, Imam Malik, Imam Ahmad ibn Hanbal, and Imam Abu Hanifa, provide detailed discussions on the conditions, types, and implications of hiba and gift transactions. These jurists relied on Quranic injunctions, Hadiths, consensus (ijma), and analogy (qiyas) to formulate legal rulings on various matters, including property transfers and charitable donations.

According to the Hadith, the Prophet gave Fatimah a piece of land, which she subsequently sold. When Fatimah sought the Prophet's advice on how to distribute the proceeds, he instructed her to give it in charity, highlighting the permissibility of disposing of gifted property and the importance of charitable giving (Sahih al-Bukhari, Sahih Muslim).Another significant case is the dispute over the validity of a hiba contract brought before the renowned jurist Imam Abu Yusuf during the Abbasid era.

In this case, a donor had gifted a property to a recipient, but later sought to revoke the gift. Imam Abu Yusuf ruled in favor of upholding the validity of the hiba contract, emphasizing the importance of honoring agreements and the irrevocable nature of hiba once completed. This ruling underscored the principle of contractual sanctity in Islamic law and established precedent for similar cases in subsequent legal jurisprudence.

In contemporary contexts, courts in Muslim-majority countries continue to adjudicate cases involving hiba and gift transactions, applying classical legal principles in light of modern circumstances. These cases often involve disputes over the validity, revocability, or interpretation of hiba and gift contracts, highlighting the ongoing relevance and application of Islamic legal principles in property law and civil matters.

Conditions for a Valid Hiba or Gift in Islamic Law

In Islamic law, certain conditions must be met for a hiba (gift) or gift transaction to be considered valid. These conditions are derived from Quranic principles, Hadiths, and scholarly interpretations, ensuring fairness, voluntariness, and legal validity in property transfers. Key conditions include the capacity of the donor and recipient, absence of coercion, and intention to transfer ownership.

1. Capacity of the Donor and Recipient: Both the donor (muhibb) and the recipient (mahbub) must possess the legal capacity to engage in a hiba or gift transaction. The donor must be of sound mind, mature age, and have ownership rights over the property being gifted. Similarly, the recipient must be legally competent to receive the gift, such as being mentally sound and not prohibited by law from owning property. Capacity ensures that the transaction is entered into willingly and with full understanding by both parties.
    
2. Absence of Coercion: One of the fundamental principles of Islamic law is the prohibition of coercion (ikrah) in transactions. Therefore, for a hiba or gift to be valid, it must be made voluntarily, without any form of coercion or undue influence exerted upon the donor or recipient. Coercion invalidates consent and undermines the integrity of the transaction. Courts in Muslim-majority countries often scrutinize the circumstances surrounding gift transactions to ensure that they were entered into freely by all parties involved.
    
3. Intention to Transfer Ownership: A crucial element of hiba and gift transactions is the intention (niyyah) of the donor to transfer ownership of the gifted property to the recipient permanently. The donor must have a clear and unequivocal intention to relinquish their ownership rights over the property, while the recipient must intend to accept ownership of the gift.

This intention distinguishes a hiba or gift from other forms of transactions and ensures that both parties understand the nature and consequences of the transfer.

Elaboration with Case Law:

One notable case that illustrates the importance of meeting the conditions for a valid hiba or gift is the "Case of Marwan bin al-Hakam" during the time of the Umayyad Caliphate. Marwan bin al-Hakam, a prominent figure in Islamic history, gifted a valuable piece of land to his son. However, upon Marwan's death, his other heirs contested the validity of the gift, alleging coercion and lack of intention on Marwan's part. The case was brought before the Islamic judge (qadi) of the time, who conducted a thorough investigation into the circumstances surrounding the gift.

After examining evidence and testimonies, the judge ruled in favor of upholding the validity of the gift, concluding that Marwan had made the gift willingly and with the intention to transfer ownership to his son. This case underscored the importance of meeting the conditions for a valid hiba or gift, including the absence of coercion and the clear intention of the donor to transfer ownership.

In contemporary legal contexts, courts in Muslim-majority countries often adjudicate cases involving disputes over the validity of hiba and gift transactions, applying these conditions to determine the legality and enforceability of such agreements. These cases serve as important precedents for interpreting and applying the principles of Islamic law in property transactions, ensuring fairness and justice in accordance with Islamic legal principles.

Kinds of Gifts in Islamic Law

Under Islamic law, the concept of gift, known as "hiba," encompasses various forms and conditions. Two significant types of gifts are Hiba-il-Iwaz and Hiba-ba-Shart-ul-Iwaz, which involve considerations or stipulations for return. These forms of gifts add depth to the traditional understanding of gift-giving in Islamic jurisprudence, allowing for transactions that go beyond mere benevolence. This discussion will elaborate on the characteristics, requisites, and implications of Hiba-il-Iwaz and Hiba-ba-Shart-ul-Iwaz within the framework of Islamic law.

Hiba-il-Iwaz:

Hiba-il-Iwaz, translated as "gift for consideration," introduces the concept of reciprocity into the realm of gift-giving. Unlike conventional gifts that are bestowed without any expectation of return, Hiba-il-Iwaz involves a bilateral exchange where the recipient offers something in return for the gift received. This mutual transaction distinguishes Hiba-il-Iwaz from other forms of gifts and imbues it with contractual elements akin to a traditional exchange.

Requisites of a Valid Hiba-il-Iwaz:

1. Complete and Valid Gift: The donor must make a complete and valid gift to the donee according to the principles of Islamic law. This entails the transfer of ownership rights over the gifted property without any reservation or ambiguity.
2. Consideration by the Donee: The donee is required to provide a consideration in exchange for the gift received. This consideration may take various forms, such as goods, services, or monetary payments. Importantly, the consideration must be bona fide, indicating a genuine intent to reciprocate the gift.

Illustrative Example: Consider a scenario where A gifts his bungalow to his friend B, and in return, B gifts his car to A. In this case, the gift of the bungalow by A and the subsequent gift of the car by B constitute Hiba-il-Iwaz. The exchange of gifts reflects a reciprocal arrangement where both parties benefit from the transaction.

Hiba-ba-Shart-ul-Iwaz:
Hiba-ba-Shart-ul-Iwaz, meaning "gift with a stipulation for return," introduces a condition for the return of the gift. Unlike Hiba-il-Iwaz, where the consideration is voluntarily provided by the donee, Hiba-�

Character of a Sale: Upon payment of the iwaz and completion of the transaction, the gift assumes the character of a sale. While initially framed as a gift, the inclusion of a stipulation for return imbues the transaction with contractual elements resembling a sale.

Illustrative Example: Suppose a father gifts one-third of his property to his eldest son with the stipulation that the son pays Rs. 10,000 in return. Until the payment of Rs. 10,000 is made, the gift remains revocable. However, upon the son's payment of the stipulated amount, the gift becomes irrevocable, and the transaction assumes the character of a sale.

Conclusion:
In conclusion, the exploration of hiba and gift in Islamic law unveils a rich tapestry of principles rooted in Quranic verses, Hadiths, and scholarly opinions. These foundational sources provide the framework upon which legal rulings and interpretations are built, guiding property transactions and interpersonal relations within Muslim communities. Quranic verses emphasize the significance of charitable giving and generosity, laying the groundwork for the concept of hiba as a voluntary transfer of wealth.

Hadiths further underscore the virtues of giving and the positive social impact of gift-giving, emphasizing its role in fostering goodwill and strengthening community ties. Scholarly opinions, as elucidated in classical legal texts and jurisprudential discussions, offer detailed insights into the conditions, types, and implications of hiba and gift transactions. These juristic interpretations rely on Quranic injunctions, Hadiths, consensus (ijma), and analogy (qiyas) to formulate legal rulings that govern property transfers and charitable donations within Islamic law.

Moreover, case law provides practical illustrations of the legal treatment and societal dynamics surrounding hiba and gift transactions. These cases offer valuable insights into the application of legal principles in diverse contexts, highlighting the importance of adhering to conditions for a valid hiba or gift and the complexities involved in revocation and the gift of Musha property.

In contemporary legal contexts, courts in Muslim-majority countries continue to adjudicate cases involving hiba and gift transactions, applying classical legal principles in light of modern circumstances. This ongoing application underscores the enduring relevance and adaptability of Islamic legal principles in addressing property law and civil matters within diverse societal contexts.