APPRAISAL OF THE PRINCIPLES OF GIFT (HIBAH) IN ISLAMIC LAW AND ITS APPLICATION

APPRAISAL OF THE PRINCIPLES OF GIFT (HIBAH) IN ISLAMIC LAW AND ITS APPLICATION

Introduction

Shari’a as envisaged in the Qur’anic verse “Then we put thee on the (right) way of religion, so follow thou that (way) and follow not the desires of those who know not”1 literally means the way to be followed. Shari’a is an all encompassing word connoting a complete code of faith and practice of a Muslim in all aspect of his life, bordering on his faith and practices based on the principle of the science of unity and attributes of God, internal manifestations and the science of self‟s knowledge. While the science of unity and internal manifestations deal with the relationship of the Creator Allah (SWT) in the practice of belief in him by the Muslim, the concept of fiqh is a vast area that relates to concept of worshipping the Creator Allah (SWT), mutual transactions, justice and other relations in law.2 Thus Islamic law is a set of divine laws which is considered to be complete and comprehensive code of conduct considered as perfect, just and fair for all times to come which treats all human conduct with equality and justice. The concept of gift is based on the principles of Shari’a and it works on such framework that follows rules fixed by the law and flexible regulations or doctrines determined by scholars in compliance with provisions of the law.

The provisions of Islamic Law on Gift Hiba is an all comprehensive set of principles that covers the realms of the contractual aspect of an individual with the sole motive of securing ties amongst members of the community. The bedrock upon which it is based is upon the concept of strengthening of ties. This is emphasized by Prophetic ahadith narrated by Bukhari, encouraging the exchange of gift because of its benefit in generating mutual relationship and taking away rancor. The Prophet was reported to have said. “Exchange gifts among yourselves and thus strengthen mutual love with each other.”3 In another hadith the Prophet (SAW) was reported to have said, “Give presents among each other that the gift takes away the grudge of the breast."4

TOPIC: APPRAISAL OF THE PRINCIPLES OF GIFT (HIBAH) IN ISLAMIC LAW AND ITS APPLICATION

Chapters: 1 - 5
Delivery: Email

Number of Pages: 70

Price: 3000 NGN

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