Hiba is the unconditional order for transfer of existing property without any condition and
consideration. Hiba basically is a gift which is given by one person to another in Muslim law.
​PARTIES INVOLVED IN HIBA
​Doner:The doner is the person who declares that he wants to give his property to someone. He
should be major and of sound mind
​Donee: the to whom the property has been given as hiba he should of sound mind and major but
minor can also be a donee.: A donee may be an individual or a class of persons. The donee is
a group of people, all the people in that particular group must be ascertainable.
For the purpose of acceptance of the gift, the guardian of a minor or insane donee are as under
the order of priority:

1. Father
2. Father’s executor
3. Paternal grandfather
4. Paternal grandfather’s executor
   ESSENTIALS OF HIBA :
   ​Declaration : The doner should declare that he wants to give certain property to donee as hiba.
   ​Acceptance :The doneee has to accept the gift only then hiba will be completed If he regrets then no hiba is their.
   Transfer of Possession : possession must be transferred it can be actual delivery or
   constructive delivery. Actual delivery means goods will be given in hands for example ,5 pens.
   Constructive delivery means possession will be transferred for Example, when someone gives car as hiba in this case we will give key of the car in the hand.
   ​DECLARATION OF GIFT BY DONEE:
   ​Declaration can be oral or written for hiba, free consent of the donor should be there while
   declaration of hiba and any consent with fraud or threat will be void.
   ​
   Bona fide Intention: Mere announcement of a gift is not considered as a valid declaration until
   it entails the intention of the donor. Absence of real and honest intention to transfer the ownership
   of the property will make a gift ineffective. A gift made with an intention to defraud the donee is
   void. A gift without an intention may be pretence gift, colourable or Benami transaction etc.
   however, mere indebtedness does not affect the competency of the donor unless his malafided intention is established.
   Revocation of Hiba

Although Prophet was against the revocation of gifts, it is a well-established rule of Islamic law
that all voluntary transactions, including Hiba, are revocable. Different schools have different views
with regard to revocation. The Muslim law-givers classified the Hiba from the point of view of
revocability under the following categories:
Revocation of Hiba before the delivery of possession
All gifts are revocable before the delivery of possession is given to the donee. For such revocation,
no orders of the court are necessary. As discussed above that under Muslim law, no Hiba is complete till the delivery of the possesion is made so in all those cases where possesion has not
been given to the donee, the gift is incomplete and whether it is revoked or not, it will not be valid till the delivery of possession is made to the donee. It implies that the donor has changed its mind and not willing to complete the gift by delivery of possession. For example, X, a Muslim, makes a gift of his car to Y through a gift deed and no delivery of possession has been made to Y. X revokes the gift . the revocation is valid.

Revocation after the delivery of possession
In this situation, a Hiba can be revoked in either of the following ways:

1. With the consent of the donee
2. By a decree of the court.
   Mere declaration of revocation by the donor or filing a suit in the court or any other action is not
   enough to revoke a gift. The donee is entitled to use the property in any manner until a decree is
   passed by the court revoking the gift.
   Kinds of Gifts
3. Hiba-il-iwaz
4. Hiba ba Shart ul Iwaz
5. Hiba-il-iwaz
   Under Islamic law, Hiba means gift and iwaz means consideration. Hiba-il-iwaz thus means, the gift
   for the consideration already given. Under all the laws, there is no system where there is a
   consideration for the gift. But under Muslim law, there is a system of gift with an exchange.

For example- If A makes a gift of his bungalow in favor of his friend B, and in return, B makes a gift of For example- If A makes a gift of his bungalow in favor of his friend B, and in return, B makes a gift of For example- If A makes a gift of his bungalow in favor of his friend B, and in return, B makes a gift of
his car to A, then it is known as Hiba-il-iwaz. The second gift made by B to A is iwaz i.e. return.

Requisites of a valid Hiba-il-iwaz:

Firstly, there must be a complete and valid gift made by the donor to the donee. If the gift made
not according to the rule of Muslim law then it is no gift.
Hiba-ba-Shart-ul-Iwaz.
It means a gift made with a stipulation for return. In this case, the consideration is not paid by the
donee by his own choice but it is paid because it is a necessary condition here.
Requisites of a valid Hiba-ba-Shart-ul-Iwaz:
Firstly, the delivery of possession is important; it is revocable until the iwaz is paid. Secondly, as
soon as the iwaz is paid it becomes irrevocable. Thirdly, a transaction when completed payment
of Iwaz, assumes the character of a sale.

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