Sharia serves as the primary legal framework and foundation for all laws in the United Arab Emirates. According to the Islamic law, Heba is considered a valid means of transferring ownership of property. However, there are certain conditions that must be met for a Heba to be valid. These conditions include:
- Intention: The giver of the gift must have the intention to give the gift as a Heba, and the recipient must have the intention to accept the gift as a Heba.
- Delivery: The property being gifted must be physically delivered to the recipient. This means that the giver must physically hand over the property to the recipient or transfer ownership through a legal document.
- Acceptance: The recipient must accept the gift, and this acceptance must be made at the time of delivery.
- Ownership: The property being gifted must be owned by the giver at the time of the Heba.
If these conditions are met, the Heba is considered valid in Islamic law. Once a Heba is completed, the recipient becomes the owner of the property, and the giver no longer has any rights to it.
Heba can be given for a variety of reasons. In Islamic culture, it is common for parents to give Heba to their children as a way of providing financial support. It can also be used as a way of showing gratitude or generosity to friends or family members. There are also rules in Sharia Law regarding the value of the gift that can be given as Heba. The value of the gift should not exceed one-third of the giver’s property. If the gift is given as a way of settling a debt, it cannot exceed the amount of the debt.
There are various types of Heba under Sharia Law, including unconditional and conditional Heba. Unconditional Heba is a gift given without any conditions, while conditional Heba is a gift that is given with specific conditions attached to it. Heba after death is a type of Heba provided while the deceased was alive and only takes effect upon the giver’s passing. It must be accepted by the recipient, and only with the recipient’s consent can it be cancelled while the giver is still alive. Even if the recipient did not accept the gift, it may nevertheless be revoked by a court order if it was given under duress, by deception, or by someone who had the legal competence or capacity to do so. Heba could be offered verbally or in front of witnesses. It is advised to have both, though.
However, it is important to note that Heba cannot be used as a means of circumventing Islamic inheritance laws. Islamic law has specific rules regarding how property is distributed among heirs after a person’s death, and Heba cannot be used to give property to someone who is not entitled to it under these rules.
Heba given (before death of the giver) has the effect of immediate transfer of property upon acceptance of the receiver while Heba given (after death of the giver) has the effect of transferring property only after the condition that the gift will be transferred after death of the giver occurs. Additionally, there are certain types of property that cannot be given as a Heba. For example, property that is used for religious purposes, such as a mosque or a Quran, cannot be given as a Heba. Similarly, property that is used for public benefit, such as a hospital or a school, cannot be given as a Heba.
In conclusion, Heba is an important concept in Islamic law that allows for the transfer of property as a gift. However, there are specific conditions that must be met for a Heba to be valid, and it cannot be used to circumvent Islamic inheritance laws.
