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Hiba (Gift) in Muslim Law

Description: This quiz covers the concept of Hiba (Gift) in Muslim Law.
Number of Questions: 15
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Tags: muslim law hiba gift
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What is the legal definition of Hiba in Muslim Law?

  1. A voluntary transfer of property without any consideration

  2. A contract of sale where the price is not specified

  3. A gift given in exchange for a service

  4. A transfer of property in trust


Correct Option: A
Explanation:

Hiba is defined as a voluntary transfer of property without any consideration. It is a unilateral contract where the donor (wahib) transfers the ownership of the property to the donee (mahoob) without receiving anything in return.

What are the essential elements of a valid Hiba?

  1. Offer and acceptance

  2. Capacity of the donor and donee

  3. Subject matter of the gift

  4. All of the above


Correct Option: D
Explanation:

A valid Hiba requires all of the essential elements of a valid contract, including offer and acceptance, capacity of the donor and donee, and subject matter of the gift.

Who can be a donor in a Hiba?

  1. Any person who is of sound mind

  2. Only Muslims

  3. Only adults

  4. Only males


Correct Option: A
Explanation:

Any person who is of sound mind and has the capacity to contract can be a donor in a Hiba. There is no restriction based on religion, age, or gender.

Who can be a donee in a Hiba?

  1. Any person who is alive at the time of the gift

  2. Only Muslims

  3. Only adults

  4. Only females


Correct Option: A
Explanation:

Any person who is alive at the time of the gift can be a donee in a Hiba. There is no restriction based on religion, age, or gender.

What is the subject matter of a Hiba?

  1. Any property that is transferable

  2. Only movable property

  3. Only immovable property

  4. Only cash


Correct Option: A
Explanation:

The subject matter of a Hiba can be any property that is transferable, including movable property, immovable property, and cash.

When does a Hiba become effective?

  1. Upon acceptance by the donee

  2. Upon registration of the gift deed

  3. Upon delivery of the property

  4. Upon payment of the consideration


Correct Option: A
Explanation:

A Hiba becomes effective upon acceptance by the donee. Registration of the gift deed, delivery of the property, and payment of the consideration are not required for the validity of the gift.

Can a Hiba be revoked?

  1. Yes, by the donor at any time

  2. Yes, by the donee at any time

  3. No, it is irrevocable once it is accepted

  4. No, it is irrevocable once it is registered


Correct Option: C
Explanation:

A Hiba is irrevocable once it is accepted by the donee. The donor cannot revoke the gift at any time, and the donee cannot return the gift at any time.

What are the exceptions to the rule of irrevocability of Hiba?

  1. If the donor becomes insane

  2. If the donee becomes insolvent

  3. If the subject matter of the gift is destroyed

  4. All of the above


Correct Option: D
Explanation:

There are a few exceptions to the rule of irrevocability of Hiba. The gift can be revoked if the donor becomes insane, if the donee becomes insolvent, or if the subject matter of the gift is destroyed.

What is the difference between a Hiba and a Waqf?

  1. Hiba is a gift, while Waqf is a trust

  2. Hiba is irrevocable, while Waqf is revocable

  3. Hiba can be made to any person, while Waqf can only be made to a charitable purpose

  4. All of the above


Correct Option: D
Explanation:

Hiba is a gift, while Waqf is a trust. Hiba is irrevocable, while Waqf is revocable. Hiba can be made to any person, while Waqf can only be made to a charitable purpose.

What are the legal consequences of a valid Hiba?

  1. The ownership of the property is transferred to the donee

  2. The donor becomes the owner of the property

  3. The donee becomes the trustee of the property

  4. None of the above


Correct Option: A
Explanation:

The legal consequence of a valid Hiba is that the ownership of the property is transferred to the donee. The donor no longer has any rights over the property.

Can a Hiba be made orally?

  1. Yes, in all cases

  2. Yes, but only if the value of the gift is less than a certain amount

  3. No, it must be made in writing

  4. No, it must be made in the presence of witnesses


Correct Option: B
Explanation:

A Hiba can be made orally, but only if the value of the gift is less than a certain amount. The amount varies from jurisdiction to jurisdiction.

What is the maximum amount that can be gifted through Hiba?

  1. There is no limit

  2. One-third of the donor's property

  3. One-half of the donor's property

  4. Two-thirds of the donor's property


Correct Option: B
Explanation:

The maximum amount that can be gifted through Hiba is one-third of the donor's property. This is to ensure that the donor does not deprive his or her legal heirs of their inheritance.

Can a Hiba be made to a minor?

  1. Yes, but the minor must have a guardian

  2. Yes, but the minor must be of a certain age

  3. No, a minor cannot accept a gift

  4. No, a minor cannot own property


Correct Option: A
Explanation:

A Hiba can be made to a minor, but the minor must have a guardian who will accept the gift on his or her behalf.

Can a Hiba be made to a non-Muslim?

  1. Yes, in all cases

  2. Yes, but only if the non-Muslim is a citizen of India

  3. No, a Hiba can only be made to a Muslim

  4. No, a Hiba can only be made to a person of the same religion as the donor


Correct Option: A
Explanation:

A Hiba can be made to a non-Muslim in all cases. There is no restriction based on religion.

What is the difference between a Hiba and a Sadaqah?

  1. Hiba is a gift, while Sadaqah is a charity

  2. Hiba is irrevocable, while Sadaqah is revocable

  3. Hiba can be made to any person, while Sadaqah can only be made to a deserving person

  4. All of the above


Correct Option: D
Explanation:

Hiba is a gift, while Sadaqah is a charity. Hiba is irrevocable, while Sadaqah is revocable. Hiba can be made to any person, while Sadaqah can only be made to a deserving person.

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