Fiqh muqaran

Slide presentation for "Fiqh muqaran"

Issue 1: Giving hibah to non muslim
Issue 2: Giving conditional hibah

Hibah comes from hubbub ar-rih (a gust of wind). This word is also used to refer to giving and benevolence to others, whether with property or otherwise. Meanwhile, according to Sharia, hibah is a contract that contains a gift by a person from his property to another person while he is still alive, without an exchange. If a person only allows another person to use his property and does not give the property to him, then this is not a hibah but a loan. If the gift is not made while he is still alive, but is only made after the person who gave the property dies, then it is called a will. If a person gives something that is not property such as alcohol or a corpse, then this gift is not a hibah (Abdul Ghani et.al, 2023). In the context of Islamic law and transactions, the term "conditional" refers to a matter or contract that does not take effect immediately, but rather depends on certain conditions that must be met first. The word "condition" in language means a stipulation or regulation that must be met in order for something to be valid or implemented. Therefore, when it is said that a contract is "conditional", it means that its effect such as the transfer of ownership or the implementation of the law will only occur after the conditions set by a certain party are met. For example, in a conditional hibah, a hibah giver may say: "I give this house to you if you take care of me until the end of my life." In this case, the owner of the house does not move immediately, but rather only after the recipient of the hibah fulfills the specified conditions, namely taking care of him until the end of his life. This is different from a normal hibah which requires ownership to occur immediately without depending on any conditions (Ahmad Che Yaacob,2017)