Mansabdari system is a modified version of Iqta system under Mughal empire. The Mansabdari System was presented by Mughal sovereign Akbar as new regulatory hardware and income framework. The term Mansab truly means position, status or rank, yet in setting of the structure of the Mughal organization it showed the position of Mansabdar that is…
All mal or forms of property over which control may be exercised are proper subjects of gift. These include all mal, whether ancestral or self-acquired, movable or immovable, corporeal or incorporeal A corporeal thing means that which exists in material form; for example, money, house, land, etc., whereas incorporeal property means that which does not…
WHO CAN MAKE A “HIBA” Every Muslim male or female who is major and sane may make a gift, provided he or she is not subject to any force or fraud. A married Muslim female can also make a gift. Where the female is a pardanashin lady, she is presumed to be ignorant of the…
Five Reasons Why This Classification is Unfounded– With great respect to the learned Judge, it is submitted that the thesis propounded by him creates more problems than it solves It is impossible to differentiate between religious and secular gifts in all cases, because to repeat the oft-quoted dictum of Justice Mahmood, “It is to be…
The Myth of Religious and Secular “Hiba” In a Judgment delivered by Justice V.R. Krishna Iyer (as he then was) in Makku Rawther’s Children: Assan Ravther v Manapahara Charayil, it was held that oral gifts of “secular” as distinguished from gifts of “religious” nature should conform with the requirements of writing, attestation and registration as…
There are certain cases in which of possession is not necessary at all. These exceptions are as follows:- Donor and Donee reside in the same house- In such a case, the donor can complete the gift without the physical transfer of possession. A Muslim lady, who had brought up her nephew as her son, executed…
Delivery of Possession When the donor makes a declaration of a gift and the donee accepts, then the possession of the thing gifted should also be given to the donee. Such delivery of possession may be actual or constructive Normally, the question as to whether possession has been delivered to make the gift complete is…
Declaration Intention (niya) is a necessary component of every action in Islamic Law, be it Ibadat (religious matters) or Muamalat (worldly matters). So, where a hiba is declared without a real intention of giving away the gifted property, it is not hiba. Hiba without the intention may be benami transaction, but not hiba An oral…
The concept of Gift, or Hiba in Muslim law has existed from the very inception of the religion, circa. 600 A.D. While Muslim Law has not been shown to recognise the differentiation of land into estates, it does recognise the difference between the ownership of the land and the right to enjoy it. Unlike English…
