Adv.Asgher Mahdi (Advocate) 09 February 2022

Gift hiba under mohammedan law

Does Muslim widow can gives her claimable Mehr in gift to dead husband and excuse the claim? As a general practice, particularly in india most of the men shall not pay Mehr -Dower amount which had to pay while consumerating marriage which need to pay at any cost as per shariah law.

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Aryan Raj 10 February 2022

Dear Sir,
A hiba, or gift, is an intervivos transfer of ownership in a property. The term "intervivos" refers to a living person. A gift is a property transfer in which ownership is transferred from one live person to another without regard for existing property. Hiba is the name given to a gift given by Muslim laws. Gift is covered by the Transfer of Property Act of 1882 (sections 122 to 129 of the Act), whilst Hiba is controlled by Islamic personal law. On Hiba, the Transfer of Property Act of 1882 does not apply. Gift is one of the matters governed by muslim personal law, according to the Shariat Act of 1937. If one of the parties is a Muslim.

As it is clearly mentioned that a hiba can be considered only between two living people therefore this particular transaction cannot be completed, so instead of a gift she can actually relenquish the amount of mehr or part of the total amount as she wishes.

Regards,
Aryan Raj