Hibah Act · 2021 Revised Edition · Part · Hiba h
5. Conditions for valid hibah
Official textFrom Attorney General's Chambers, unchanged
A hibah shall not be valid unless -
hibah
"hibah" means the transfer of the possession of a property of the donor made voluntarily and without any consideration by the donor to the donee during the lifetime of the donor;
the property belongs to the donor;
property
"property" means any valuable and saleable thing according to Hukum Syara', but does not include debt for the purpose of making a hibah thereof to any person except the debtor;
declaration of the hibah is made, either expressly or impliedly, by or on behalf of the donor;
acceptance of the hibah is made. either expressly or impliedly. by or on behalf of the donee;
(4 the possession of the property is delivered by the donor to the donee either physically or symbolically depending on the nature of such property;
the property is a determinate property and not its usufruct only; and
(fl the property exists at the time the hibah is made.
Illustrations
A said to B by the pronouncement "I give you this thing". then B said "I accept". The hibah is expressly accepted.
A said to B "These are your clothes". B then holds those clothes. The hibah is impliedly accepted.
A said to B with the pronouncement "1 give this house to you". Hence that house is a hibah from a detenninate property where A makes a hibah to B of the house as a whole and not just to reside in it.
A makes a hibah to B of fruits that may be produced by his orchard this year.
The hibah is not valid because that property does not exist at the time the hibah is made.
A makes a hibah to B of a lamb which is still in its mother's womb. The hihah is not valid because that property does not exist at the time the hibah is made.
a
Terms defined in s 2
hibah
Defined · s 2"hibah" means the transfer of the possession of a property of the donor made voluntarily and without any consideration by the donor to the donee during the lifetime of the donor;
property
Defined · s 2"property" means any valuable and saleable thing according to Hukum Syara', but does not include debt for the purpose of making a hibah thereof to any person except the debtor;