THE PROVISIONS OF ISLAMIC LAW RELATING TO THE CONCEPT OF HIBAH UNDER ISLAMIC LAW

Hibah (gift) is an important institution under Islamic law which plays a significant role in strengthening social relationships and promoting generosity within the Muslim community. It refers to the voluntary transfer of property from one person to another without any consideration during the lifetime of the donor. This research examines the concept of hibah under Islamic law with particular emphasis on its legal principles, essential elements, and application within contemporary society. The study explores the legality and nature of hibah as recognized in Islamic jurisprudence, drawing from the opinions of the major Sunni schools of thought—Maliki, Hanafi, Shafi’i, and Hanbali. It analyzes the essential requirements for the validity of hibah, including the declaration of the gift (offer), acceptance by the recipient, and the delivery or taking possession of the subject matter of the gift. The research also discusses the legal capacity of the donor and recipient, the nature of the subject matter of the gift, and the conditions necessary for a valid transfer. Furthermore, the study examines the practical application of hibah within the Nigerian legal system, particularly in the Shari’a courts, highlighting relevant judicial decisions and the challenges encountered in its implementation. It also considers the contemporary relevance of hibah as a tool for wealth management and distribution in Islamic finance and estate planning. The research adopts a doctrinal method, relying on classical Islamic legal texts, judicial authorities, statutes, and scholarly writings relevant to the subject. The findings reveal that although hibah is widely practiced and recognized under Islamic law, challenges still exist in its implementation due to lack of uniform legal procedures and differing juristic interpretations. The study concludes that hibah remains a vital legal and social institution that promotes goodwill, strengthens social ties, and provides an alternative mechanism for wealth distribution. It therefore recommends the development of clearer legal frameworks and greater awareness of the principles governing hibah to ensure its proper application and to reduce disputes arising from gift transactions.