The correct answer is Void. In the context of Muslim law of gifts (Hiba), a valid gift requires an identifiable and legally capable recipient who can accept the gift. A person who has not yet been born does not have... Read More
The correct answer is Void. In the context of Muslim law of gifts (Hiba), a valid gift requires an identifiable and legally capable recipient who can accept the gift. A person who has not yet been born does not have an existing legal personality for the purpose of receiving and accepting a gift. Therefore, a direct gift made to an unborn person is generally considered void.
A Hiba is a voluntary transfer of ownership of property from one person to another without consideration. For a gift to become legally effective, certain basic requirements must be fulfilled, including a clear declaration by the donor, acceptance by the recipient, and delivery of possession where required.
An unborn person cannot personally accept the gift or take possession of the property. Since the intended recipient does not yet exist as a legal person at the time of the gift, the essential requirement of a valid recipient is not fulfilled.
The term “void” means that the transaction has no legal effect from the beginning. It is different from “voidable,” where a transaction may remain effective unless it is challenged or cancelled by the person entitled to do so.
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