Definition Hibah (Gift) By Islam
The word Hibah comes from the Arabic word (الهبة) which means giving a person does when he is still alive to others without reward (free gift), either property or no property. Among this word is used in the word of God عزوجل:
وإني خفت الموالي من ورائي وكانت امرأتي عاقرا فهب لي من لدنك وليا. يرثني ويرث من آل يعقوب واجعله رب رضيا
And indeed I was worried about mawaliku after me, while my wife is barren, so give me from You a son who will inherit me and inherit the family sebahagian Ya'qub; and make it, yes Rabbku, one who approves (QS. Maryam / 19: 5-6).
While understanding the grant by the Ulama Jurists, submitted Shaykh Abdurrahman as-Sa'di رحمه الله with the phrase:
تبرع بالمال في حالة الحياة و الصحة
Giving free treasure alive and healthy. (Minhajus Salikin, p. 175).
Thus the notion of awarding a grant is made by a person to the other parties do when they were alive and in good health. The handover of the property given it done on time penghibah still alive.
Imam an-Nawawi رحمه الله describes the grant as a free gift (tabarru) by stating, "Imam al-Shafi'i رحمه الله divide Award by stating, 'Giving treasure by humans without compensation (tabarru) to others divided into two (ie) relating to wills and death are carried out in his lifetime. the latter is divided into two types; one is a pure gift (at-Tamlik al-mahdh) such as grants and charity. the second is waqf.
Giving pure, there are three types of grants, gifts and alms tatawwu '(alms that the law is required). How to tell the difference is the provision without payment is a grant, if accompanied by moving goods supplied from place to place by people as a form of respect and glorification then it is called a gift. When coupled with the provision to people in need (the poor) in order to draw closer to God and seeking the reward of the Hereafter عزوجل hence the name of charity. Differences gift of the grant is to be moved and taken from place to place.
On this basis, the provision for land animals unclean camel is called a gift (اهداء النعم إلى الحرم). Therefore, it can not use lafaz giving gifts on earth and the building altogether. One must never say:
أهدى إليه دارا ولا أرضا
She presented him with a house or land.
Rewards are used in the provision of wealth that can be lifted and moved around like clothes or the other. (Raudhatuth Thalibin 5/364).
In connection with this grant, we can conclude:
1. Grant is a unilateral agreement made by penghibah when his life to deliver the goods at no charge to the grantee .;
2. Grants must be made between two people who are still alive.
Source:Hibah Dalam Perspektif Fikih, by: Ustadz Kholid Syamhudi, Lc, taken from As-Sunnah magazine, ed. 07 th. xix_1437h / 2015m, p 3-5
