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-   -   Help me regarding "Hiba ba shartul iwaz & Hiba bil Iwaz" (http://www.cssforum.com.pk/css-optional-subjects/group-vi/muslim-law-jurisprudence/43205-help-me-regarding-hiba-ba-shartul-iwaz-hiba-bil-iwaz.html)

Mukarrum Thursday, January 06, 2011 11:10 PM

Help me regarding "Hiba ba shartul iwaz & Hiba bil Iwaz"
 
Can any one make me clear about these two;
Hiba ba shartul iwaz and,
Hbiba bil iwaz

Thanks

azeemkazi Sunday, April 03, 2011 05:26 PM

[I][COLOR="Green"]Hibb’a Through Disbursement (Hibb’a-bil-Avez):[/COLOR][/I]

Hibb’a-bil-Avez is such a hibb’a which is made in return of payment of money. In fact, it is sale of property and it contains all ingredients of ‘sale deed’, therefore, in such hibb’a transfer of possession is not necessary as it is required in the case of hibb’a. In hibb’a through imbursement the undivided portion of divisible property can also be transferred which act is not possible in normal hibb’a. There are Two prerequisites for this kind of hibb’a;
1. Factual payment of the sum involved.
2. Immediate abandonment of donor’s right to title and honest intention of transfer of possession.
The amount for such hibb’a can be fixed with mutual understanding of parties, but, such amount must be fixed with honest intentions and paid factually.
[I][COLOR="Green"]Hibb’a On Conditional Disbursement (Hibb’a Ba-Shart-ul-Avez):[/COLOR][/I]

When hibb’a is made on the condition of payment of amount such hibb’a is called Hibb’a Ba-Shart-ul-Avez. In this type of gift possession must be transferred. This type of gift made is cancellable but if the amount mentioned as condition is paid then this gift cannot be cancelled.


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