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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.

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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?

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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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