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An adult donor declares a hiba to another adult but keeps possession of the property itself and gives…

A hiba requires a declaration by the donor, acceptance by or on behalf of the donee and delivery of possession, which can be actual or constructive. Here the donor retains…

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An adult donor declares a hiba to another adult but keeps possession of the property itself and gives the donee neither actual nor constructive possession. What is the legal effect of the attempted gift under Muslim law?

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Answer and explanation

Correct answer C

A hiba requires a declaration by the donor, acceptance by or on behalf of the donee and delivery of possession, which can be actual or constructive. Here the donor retains possession of the property itself, so the attempted gift is void for lack of delivery. The donor may reserve an interest in the usufruct, such as income for life, if possession of the corpus has been effectively transferred.

Option feedback

Option A

A valid hiba requires delivery of possession. A reservation of usufruct can coexist with a completed transfer of the corpus, but the donor here keeps the corpus in the donor's possession.

Option B

The failure to deliver possession prevents the gift from taking effect. It is void for lack of an essential element.

Option C

The attempted gift is void because the donor has made neither actual nor constructive delivery of possession.

Option D

The attempted gift is void for want of delivery of possession.

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