What is “HIBBA” under property? Can it be done with or without the knowledge of the siblings? Please explain under shariah and its legality.
Answer
(Fatwa: 803/803/M=1431)
Possession is a condition for hibah (gift) to be valid, though it is of property or something else.
و تتم الهبة بالقبض الكامل (درمختار)
I.e. wahib (donor) gives the thing completely in the possession of mauhoob lahu (donee or beneficiary) and becomes disconnected from it. If father wants to give his property as hibah (gift) to other than his children, he can do so without informing his children. However, with the intension of depriving one’s own children, it is not right to give whole property to someone else.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband