The Principle Of Hibah

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The principle of Hibah. There are some pillars of the hibah. The hibah contract will not exist unless he meets the following principles and conditions: 1. Hibah Provider (al-Wahib). A hibah must be a credible, sensible, has reached puberty (puberty) and according to the rules (rushd) mature and capable of managing property. Hibah provider must be the owner of the goods donated. As property Owners have full authority over the property / her, grants can be made in Rate unlimited and given to anyone he / she wants, including for non-Muslims, as long as the intention is not to violate Islamic law. 2. Hibah Recipient (al-Mawhub lahu). A hibah recipient may consist of anyone as long as it has the ability to own property whether mukalaf or not mukalaf. Should the beneficiary not yet mukalaf like puberty or disabled, hibah can be given to the guardian or trustee in his stead. Hibah recipient must accept donated property and holding power. In other words, ownership and control over property must be given to the hibah recipient. 3. Goods or property for hibah (al-Mawhub). The goods or …show more content…

In this case, the property will be the grant recipient after the death of the giver. However, after the death of the recipient, giving the property will be returned to the giver. Some scholars Hanbali, Imam Malik, Imam Al-Zuhri, Abu Tur and others as well as an earlier opinion (qawl qadim) Imam Shafi'i view that the grant umra is a must and conditions are valid if the giver does not mention that grants of property will be owned by the heirs after the death of the recipient of the grant recipient. Therefore, the grant will be returned to the estate of the donor after the death of the recipient. In addition, the majority of contemporary scholars can also accept the implementation of ruqba and umra in the takaful

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