Understanding Hibah and Faraid

01 AUG 2023

In Islamic law, the concepts of hibah and faraid hold significant importance in matters of inheritance and gifting. Hibah refers to a voluntary transfer of property or assets as a gift, while faraid refers to the Islamic rules of inheritance. Let’s delve deeper into these concepts to gain a better understanding.

Hibah, in essence, is a generous act of giving without any expectation of reciprocity. It allows a person to transfer their wealth or assets to another individual or entity during their lifetime. The act of hibah is considered a virtuous deed in Islam, promoting benevolence, compassion, and sharing of wealth. However, it is important to note that hibah must be made willingly and without any coercion or ulterior motives.

On the other hand, faraid deals with the distribution of a deceased person’s estate among their rightful heirs. It is based on the principles outlined in the Quran and Sunnah and aims to ensure fairness and justice in the division of inheritance. Faraid provides clear guidelines on how the estate should be distributed, specifying the shares of different heirs, including spouses, children, parents, and other relatives.

Hibah is considered a virtuous deed in Islam, promoting benevolence, compassion, and sharing of wealth.

While hibah allows individuals to gift their wealth during their lifetime, it is essential to understand that it should not conflict with the principles of faraid. Hibah should not be used as a means to bypass the Islamic rules of inheritance. Islamic scholars emphasize the need for transparency and fairness when making hibah, ensuring that it does not cause any harm or injustice to the rightful heirs.

Furthermore, it is crucial to seek proper guidance from knowledgeable individuals, such as Islamic scholars or legal experts, when dealing with matters related to hibah and faraid. Understanding the intricate details and complexities of these concepts can prevent misunderstandings, disputes, and potential legal issues in the future.

In conclusion, hibah and faraid are integral components of Islamic law, governing the aspects of gifting and inheritance. Hibah allows individuals to transfer their wealth as a voluntary gift, while faraid provides guidelines for the fair distribution of assets among heirs after a person’s demise. It is crucial to comprehend the underlying principles and seek appropriate guidance to ensure adherence to Islamic principles of justice, fairness, and transparency when dealing with hibah and faraid.