‘A’, a Muslim, makes a gift in favour of a non-Muslim. The gift under Muslim Law is:
A Muslim may make a valid hiba to a non-Muslim, so the gift is "valid, as religion is immaterial in a gift". Muslim law sets no religious qualification for a donee, so the…
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‘A’, a Muslim, makes a gift in favour of a non-Muslim. The gift under Muslim Law is:
Answer and explanation
Correct answer B
A Muslim may make a valid hiba to a non-Muslim, so the gift is "valid, as religion is immaterial in a gift". Muslim law sets no religious qualification for a donee, so the gift is neither void nor irregular, but the usual conditions of a valid hiba (declaration, acceptance and delivery of possession) must still be met. Gifts by Muslims are governed by Muslim personal law under section 2 of the Muslim Personal Law (Shariat) Application Act 1937.
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