What makes a hiba valid in Muslim law?

Three elements: clear offer by donor, acceptance by donee, and delivery of possession—actual or constructive—of the gifted property.

Is writing or registration needed for a hiba?

No. Writing or registration is not essential if offer, acceptance, and delivery of possession are proved.

Does a written paper change an otherwise valid oral hiba?

No. The presence of a simple written note does not alter the character of a valid oral gift made under Muslim law.

What did the Supreme Court decide in this case?

The Court upheld the gift as valid since all three hiba requirements were satisfied; registration was not necessary.

What kind of possession is enough?

Either actual handover or constructive possession—such as control and enjoyment—suffices if clearly established.

Hafeeza Bibi and Ors. v. Shaikh Farid and Ors

Quick Summary

The Supreme Court confirmed the classic rule of hiba (Muslim gift): it is valid when there is a clear offer by the donor, acceptance by the donee, and delivery of possession (actual or constructive). Writing or registration is not necessary if these three are proved.

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Issues

Is the hiba dated 5 February 1968 true, valid, and binding?
Does lack of registration make the gift invalid when other requirements are satisfied?

Rules

Offer (Ijab): A clear intention by the donor to give the property.
Acceptance (Qabul): Express or clearly inferred acceptance by the donee.
Delivery of possession (Qabz): Actual or constructive handover of control or enjoyment.

No writing needed: Oral hiba is valid if the above three elements are proved.

Facts (Timeline)

Timeline of facts in Hafeeza Bibi v. Shaikh Farid

Gift deed executed: Donor Shaikh Dawood gifted property to Mohammed Yakub (donee).

Acceptance & possession: Donee accepted; donor delivered possession of the gifted assets.

Trial court: Held the gift valid—offer, acceptance, possession proved.

High Court (AP): Reversed—said gift invalid for want of registration.

Supreme Court: Considered whether writing/registration is necessary under Muhammadan law when the three essentials exist.

Arguments

Appellants (Supporting Gift)

All three hiba elements are satisfied.
Registration is not essential in Muslim law for a valid gift.

Respondents (Challenging Gift)

Without registered deed, the gift should be invalid.
Written instrument changes the nature; must be registered.

Judgment

The Supreme Court restored the trial court’s view: the gift is valid and binding. In Muslim law, a hiba does not need writing or registration if offer, acceptance, and delivery of possession are proved. A simple written note does not change an otherwise valid oral gift.

Ratio Decidendi

Form is secondary; substance controls. The essence of hiba is offer + acceptance + possession. Writing/registration is not a legal requirement in Muhammadan law for a valid gift.

Key line: If the three essentials exist, the gift is complete and irrevocable.

Why It Matters

Clarifies the validity of oral gifts in Muslim law.
Stops challenges based only on lack of registration.
Guides courts on proof: possession and acceptance carry weight.

Key Takeaways

Hiba = offer + acceptance + possession.
No legal need for writing or registration if above proved.
Constructive possession can suffice when clearly shown.

Mnemonic + 3-Step Hook

Mnemonic: “HIBA = Hand In, Beneficiary Accepts.”

Hand In (delivery of possession).
Beneficiary (donee) Accepts.
Offer by donor starts it all.

IRAC Outline

Issue

Is the 5 Feb 1968 gift valid despite no registration?

Rule

Offer, acceptance, delivery of possession → valid hiba; writing not essential in Muslim law.

Application

Donor gifted, donee accepted, possession delivered; all three elements proved.

Conclusion

Gift upheld as valid and binding; registration not required.

Glossary

Hiba: A Muslim gift of property made without consideration.
Constructive possession: Control/enjoyment recognized by law even without physical handover.
Registration: Recording a document with the registrar; not essential for a valid hiba if essentials exist.