ہبہ مشاع اور غیر مشاع میں قبضہ

Possession in Devisable and Non-devisable Gifts

Abstract

The institution of ‘Gift’ (ہبہ) is common in every religion. Every religion promo-tes this practice, as it is a tool to create sense of love and affection between the giver and the receiver. Similarly, Islam encourages its followers to perform it from time to time and spread sense of love and affection. The holy Prophet (Peace and Mercy be upon him) not only ordered the believers of Islam to exchange gifts but also, he himself was habitual of distributing things among the Muslims as gifts. Here, in this article, this exercise of the ‘Gift’ is discussed. Firstly, its lexical and terminological meanings are mentioned and supported with verses of the holy Quran and the traditions of the holy Prophet (PBUH). Furthermore, its need and importance are given consideration. Secondly, kinds of the ‘Gift’ are specified, which are ‘Gift of existing things and non-existing things’. Then the existing things are divided into ‘Devisable and non-devisable items’. In the end the concept of possession in the ‘Gift’ is stated. Along with all this opinions of the five schools of thoughts i.e. Hanafi, Maliki, Shafai, Hanbali and Shia, and their basis regarding possession of the ‘Gift’ are presented.