The correct answer is Void. Under the traditional principles of Muslim law relating to Hiba (gift), a gift must be made to an identifiable person who exists at the time the gift is created. An unborn person does not have... Read More
The correct answer is Void. Under the traditional principles of Muslim law relating to Hiba (gift), a gift must be made to an identifiable person who exists at the time the gift is created. An unborn person does not have an independent legal existence at that point and cannot personally accept the gift. For this reason, a direct gift made to an unborn person is generally treated as void.
A Hiba is a voluntary transfer of ownership of property from one person to another without consideration. For a gift to be valid, certain essential requirements must be satisfied. These include a clear declaration by the donor, acceptance by the recipient, and delivery of possession where required. The recipient must be capable of receiving and accepting the property.
The term void should also be distinguished from voidable. A void transaction is ineffective from the outset, whereas a voidable transaction may remain legally effective until it is cancelled by a person who has the appropriate legal right.
This question specifically concerns a direct gift to an unborn person. The issue is that the intended recipient does not yet exist as a legal person when the gift is made. Therefore, the basic requirement of having a valid recipient is not fulfilled.
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