GRANT PILLARS

KEDAH DARUL AMAN STATE MUFTI DEPARTMENT
Ref: ( 26 ) in. JMNK(F)602 Vol.27 Date: 21 Muharram 1443 (30 August 2021) The Pillars of Hibah consist of 4 things, namely:

1. The Giver (Al-Wahib)

Must be a person who is financially responsible, not bankrupt, and someone who can manage property.

According to Islamic views, the definition of mukallaf is someone who has reached the minimum age of puberty, which is 15 years and above for males, while for females, the minimum age of puberty is 9 years (if menstruation occurs) and if menstruation does not occur until the age of 15, then she is considered to have reached puberty according to the calculation of the Qamariyah Calendar.

However, for those who are dutiful but have not yet reached the age of 18, they must be subject to the laws in force (Majority Act 1971 [Act 21]).

2. Receiver (Al-Mawhub Lahu)

Anyone who is qualified to own property. If the recipient of the hibah is not yet mukallaf, then a guardian/trustee must be appointed who can receive on his/her behalf.

3. Gifted goods (Al-Mawhub)

Halal, pure, valuable, the perfect property of the grantor, can be transferred and exists at the time of the grant.

4. Aqad (Al-Aqad)

It should contain a combination and similarity between ijab and qabul.

In the current context, it is advisable to document the receipt of hibah in accordance with legal provisions to avoid any irregularities in the future.