Pillar Rules Of Grants And Gift


The majority of Ulama considers that the grant has four pillars, namely those who give (al-Wahib), people who were given (al-mauhub lahu), object given (al-mauhub) and mark the handover (shighat). (See Muhtaj al-Mughni, 2/397 and dreams al-Qana '4/299). While schools Hanafiyah looked rukunnya only one of shighat only. (See al-Mabsuth 12/57 and Badd'i ash-Shana'i 6/115).


a. Giver (al-Wahib)

In the grant required al-Wahib some svarat following:
1.Giver is an independent not slaves. Provision is made by a slave was not valid. Because he and all his possessions are the property of their masters.
Imam Ibn Qudaamah رحمه الله said, "A slave is not allowed to give a grant except with the permission of his master ,, because he belonged to the master, the slave is allowed to receive grants without the permission of his master." (Al-Mughni 8/256).
2.Giver is a reasonable person and is not being sentenced to boycott (al-Hajr) for lack of reasonable or insane.
3.Giver has reached the age of puberty.
4.The Giver is the rightful owner donated goods (supplied). Should not grant someone else's property without permission because the giver does not have ownership rights to the goods that was not hers.
(Summarized from al-Fiqhid Muyassar, pp 297-298 and see more fully in the ash-Shana'i Bada'i 6/118; al-Qawanin al-fiqhiyah p. 315; Mughni al-Muhtaj 2/397; al-Mughni 4/315)

b. Giving receiver (al-Mauhub lahu)

It is not certain there is a requirement for those who will receive the grant, the grant can be given to anyone with a few exceptions as follows:
If the grant to minors or people who are not sane mind mind, it must be handed over to the guardian or legal pengampu of them.

c. Donated goods (al-Mauhub)

Among the requirements with respect to assets donated are:

1. Merchandise obviously there at the time granted
Akad grant (granting) the goods declared invalid, if the current grants, donated goods do not exist. For example, donated fruit gardens and fruit will be next year or the fetus that does not exist. This is the opinion of the school of Hanafiyah, Hanabilah and Shafi'ites. Imam Ibn Qudaamah رحمه الله said, 'No valid grant fetus in the abdomen and milk are still squeezed. This is the opinion of Abu Hanifah رحمه الله, Shafi'i رحمه الله and Thawr رحمه الله, because something is granted does not yet exist and could not be submitted. (Al-Mughni, 8/249).
2. Goods donated already handed over, this is the opinion of the majority of Ulama.
Imam an-Nawawi رحمه الله said, "People who were given a grant can not have the grant except after the handover." (Al-Majmoo ', Syarhul Muhadzdzab, 16/351)
3. Objects donated are the property of the person who gave the grant.
Should not grant the property of another person without the owner's permission. This requirement is a requirement of the scholars agreed.



Source: Hibah Dalam Perspektif Fikih, by: Ustadz Kholid Syamhudi, Lc, taken from As-Sunnah magazine, ed. 07 th. xix_1437h / 2015m, p 7-10
Translated by writer
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