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.
No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. 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:
- Short marriage spousal support entitlement
- Joint tenancy vs tenants in common ontario
- Title insurance buying out of receivership ontario
This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law with a lawyer in your province, and any religious ruling with a qualified scholar.