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fbaig123

USA
Topic initiated on Thursday, August 29, 2013  -  4:12 PM Reply with quote
Hiba - Can the property be gifted


As per my understanding - In Shariah an item can be gifted from one muslim to another muslim and if accepted by that person - it will be considered as a gift (Hiba). My question is that "property" - can it be gifted. A husband writes an affidavit for his wife and both acknowledges by signing the document:

1. a declaration by the donor (offer)
2. an acceptance by the donee (acceptance)

After the husband dies, does this property belongs to the wife and she has the right whether to divide or not to divide among the children?

OR

It should be divided among all the concerned parties wife and children as per Islamic heredity laws.
safimera

CANADA
Posted - Saturday, September 21, 2013  -  4:08 AM Reply with quote
AOA

In your life you can give anything to anyone. But you cannot write in your will that "after my death this gift will go to Mr X or Y".
It should be given with all power in your life before death. Otherwise it would be distributed according to warasat law.

But before giving a house as gift to your spouse , make sure you have another house to live as well, in case he/she would be angry for some reason and kick you out of his/her house, so before your death you would be in hell in this world. (last paragraph just in lighter moment..joking...)
Sanwal

INDIA
Posted - Thursday, February 06, 2014  -  10:25 PM Reply with quote
Is there any authenticated refference which favours anyone to give his property to anyone???
saba2
Moderator

PAKISTAN
Posted - Sunday, February 23, 2014  -  11:20 AM Reply with quote
In a persons life time what is personally belonging to that person is his choice what he or she wants to do with it but if it is a joint family property or if there is a share of any other individual then that person's consent is necessary.

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