Under Muslim personal law, a donor purports to make an immediate hiba of ownership to a child who has…
An immediate hiba of ownership is a transfer between living persons. The attempted gift is void because the designated donee does not yet exist.
Choose your answer
Under Muslim personal law, a donor purports to make an immediate hiba of ownership to a child who has not yet been conceived. What is the status of this attempted gift?
Answer and explanation
Correct answer A
An immediate hiba of ownership is a transfer between living persons. The attempted gift is void because the designated donee does not yet exist.
Option feedback
Option A
An immediate gift of ownership requires a donee in existence at the time of the gift.
Option B
A child not yet conceived cannot receive an immediate hiba of ownership.
Option C
The attempted disposition is void from the outset and confers no election on a future child.
Option D
A prospective mother’s acceptance cannot supply a donee in existence.
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