Under Muslim personal law, what is the effect of a proposed hiba if the sole donee dies without having…
A hiba requires acceptance by the donee or on the donee’s behalf. If the donee dies without acceptance, the gift has not been completed.
Choose your answer
Under Muslim personal law, what is the effect of a proposed hiba if the sole donee dies without having accepted it personally or through a representative?
Answer and explanation
Correct answer A
A hiba requires acceptance by the donee or on the donee’s behalf. If the donee dies without acceptance, the gift has not been completed.
Option feedback
Option A
Acceptance during the donee’s lifetime is essential to completion.
Option B
Without acceptance the gift has not taken effect. There is nothing for the donor to set aside.
Option C
The donee’s death cannot supply the missing acceptance.
Option D
Failure to complete a gift does not make the declaration testamentary.
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