A gift made during life, which takes effect immediately rather than on death.
In Islamic law
A hibah transfers ownership while the giver is alive. Because it is not a bequest, it is not subject to the one-third limit or the bar on gifting to heirs — but it must be a genuine, completed transfer, not a device to defeat the faraid shares. A gift made in the final illness (marad al-mawt) is generally treated as a bequest.
In Canadian law
Canadian law recognises inter vivos gifts, but watch the tax consequences: a gift of appreciated property is usually a deemed disposition at fair market value, triggering capital gains. Gifts made shortly before death may also be examined in dependant-support claims.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Cottage capital gains tax death ontario
- Estate administration tax value vs deemed disposition value ontario
- What is deemed disposition on death canada
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill
- Oxford Islamic Studies / Oxford Reference — Oxford University Press
- Cottage capital gains tax death ontario — Treadstone Law
- Estate administration tax value vs deemed disposition value ontario — Treadstone Law
- What is deemed disposition on death canada — Treadstone Law
- Deemed disposition death canada — Treadstone Law
- Wills & estates practice — Treadstone Law