Hiba (gift) means the transfer of property to another person without receiving anything in return. Once a gift is made and received, ownership of the property generally passes to the recipient. Religious scholars and legal experts say that although a gift may be revoked in certain exceptional circumstances, the general principle is that ownership is transferred to the recipient, and revoking a gift is considered undesirable from both religious and ethical perspectives.
Salam Watandar’s interviews with a number of women show that, in some families, limited awareness of the religious rulings and legal provisions related to Hiba has, in some cases, led to differing views and disputes among family members over the ownership of gifted property or how it should be used.
Fatima, from Daikundi, says she has been married for ten years. During that time, her husband gave her gold jewelry worth approximately 250,000 Afghanis as gifts on Eid and other family occasions. However, because of the family’s financial difficulties, the jewelry was eventually sold to cover part of the household’s expenses.
“The gold earrings and bracelet that my husband gave me on different occasions were later sold because of our family’s financial difficulties to help cover some of our expenses. At the time, I believed that every decision made for the family was in everyone’s best interest. I also had little knowledge of the religious and legal rulings related to hiba. I simply believed that the gifts belonged to me because they had been given to me. Later, after looking into the matter, I learned that there are specific rulings governing hiba, but until then, I did not have sufficient knowledge of them,” she adds.
Najiba, from Baghlan, says that 14 years ago, her father-in-law gave her two jeribs of land as a wedding gift. However, following her father-in-law’s death, her in-laws are now demanding that the land be returned.
“Several years ago, my father-in-law gave me two jeribs of land as a gift, and a deed was registered in my name. After his death, different opinions emerged within the family regarding the land, and I was asked to hand over the deed to them because I did not have sufficient knowledge of the relevant religious rulings,” she says.
Similarly, Anila, from Sar-e-Pol, says that she received a gold ring as a birthday gift. However, seven months later, because of the family’s financial difficulties, her husband took back the ring without her consent. She says she believed the gift belonged to her but was not fully aware of her ownership rights over the gifted property.
“My husband gave me a gold ring worth about 15,000 Afghanis as a birthday gift. Since I had not received a gift in previous years, I was very happy. A few months later, because of the family’s financial difficulties, it was decided that the ring would be sold to cover some of the expenses. At the time, I believed the gift belonged to me, but I did not have a full understanding of the religious and legal rulings related to hiba. Later, I learned that there are specific rules governing such gifts,” she says.
Sanaullah Ayoobi, a legal expert, says that when a donor seeks to revoke a gift, the consent of the recipient, or donee (mawhub lahu), should first be obtained. If the recipient does not consent, the donor (wahib) may recover the gifted property (mawhub) only if a competent court, after reviewing the case, finds that there is a reasonable excuse for revocation and that no legal barrier exists.
“A donor (wahib) may revoke a gift with the consent of the recipient (mawhub lahu). If the recipient does not consent, the donor must obtain permission from the court to revoke the gift, provided that the request is based on a reasonable excuse and no legal barrier to revocation exists. According to Afghanistan’s Civil Code, the recipient’s consent should be taken into account when a gift is revoked,” he says.
Qutbuddin Mujtahid, a religious scholar, says that although Hanafi jurisprudence permits the revocation of a gift under certain conditions, doing so is regarded as religiously and ethically undesirable.
“Under the Hanafi School of Islamic jurisprudence, revoking a gift is permissible if certain conditions are met. However, from both a religious and ethical perspective, it is considered a disliked (makruh) and undesirable act. The Prophet Muhammad (PBUH) likened a person who takes back a gift to someone who returns to his own vomit.”
According to the experts, the revocation of a gift is subject to specific conditions and limitations under both Islamic jurisprudence and the law. Nevertheless, some legal experts say that limited awareness of these religious and legal rules among some women has, in certain cases, made it more difficult for them to assert their rights when disputes arise.
Reporter: Hosai Afghan
