HIBA : A gift (MUSLIM LAW)

A gift( HIBA) is a transfer of ownership in which the transferor does not receive any consideration for the transfer.
The essentials requisites of a valid gift are:

1. The donor( transferor) should have a contractual capacity i.e. he must be major and of sound mind.

2. The donee should be a person in existence. so a gift to an unborn child in not valid.( not even in WOMB)

3. Declaration of gift by donor and acceptance by the donee. when donee is MINOR, acceptance may be made on his behalf by his guardian.

4. Delivery of possession must be done.

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SHARES AND RESIDUARIES

If a Muslim male dies, the following are the shares of his family members in his property:

1. FATHER: normal share- 1/6
2. TRUE GRANDFATHER: when there is no female link- FF(father's father) , FFF or FFFF. his share would be 1/6
3. WIFE: 1/8 when there is a child otherwise 1/4
4. MOTHER: 1/6 When there is a child otherwise 1/3
5. TRUE GRANDMOTHER: when there is a female link- FM(father's mother) , MM( mother's mother), MMM, MMMM, FFM, FFMM.
6. DAUGHTER: 1/2 or 2/3 according to there is one daughter or more than one daughter.
7. SON's DAUGHTER: 1/2 or 2/3 according to number of claimants.
8. UTERINE BROTHER OR SISTER: 1/6 or 1/3 depending upon number .( for explanation regarding UTERINE BLOOD kindly refer the head of LEGAL terms)

9. FULL SISTER: 1/2 or 2/3 according to number of people claiming
10. CONSANGUINE SISTER: 1/2 or 2/3 according to there is one claimant or more.

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CONDITIONS OF A VALID MARRIAGE - MAHOMEDAN(Muslim) LAW

The following are the conditions:

1. A Mahomedan cannot have more than 4 wives at the same time.

2. POLYANDRY is not permitted, i.e. having more than one husband at a same time is not allowed.

3. A Mahomedan male can can marry to a Muslim girl, or a girl of a religion who has a authoritative book i.e. christian or a Jew.

4. He cannot marry an IDOLATRESS (Hindu).

5. He cannot marry to any person related :

• by CONSANGUINITY: daughter, mother,  sister, niece.
• by AFFINITY: Son's wife
• by FOSTERAGE: Sister's Foster-Mother.

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