16. THE CONCEPT OF GIFT (HIBAH) AND ITS REVOCATION (AL-I’ITISAR) UNDER ISLAMIC LAW: AN ANALYSIS

Abstract

This paper examined the concept of gift (hibah) and its revocation (al-iʿtisār) under Islamic law, focusing on how classical jurists across the major Sunni schools addressed its legal and ethical implications. While hibah was encouraged in Islam as an act of generosity and social cohesion, it was also subject to defined legal conditions concerning donor intent, transfer of ownership, and the permissibility of revocation. The study analysed the circumstances in which a gift could be revoked, highlighting differences among the Ḥanafī, Mālikī, Shāfiʿī, and Ḥanbalī schools. It also explored key exceptions—such as gifts from parents to doneeren or cases involving debt—that restricted a donor’s ability to reclaim a gift after its execution. Drawing on classical legal sources such as al-Muwaṭṭaʾ, al-Mughnī, and al-Majmūʿ, the paper demonstrated that while Islamic law promoted hibah as a moral virtue, it also prioritised legal stability and justice. The findings showed that the regulation of gift and revocation in Islamic jurisprudence offered a careful balance between altruism and legal certainty, with ongoing relevance to modern issues such as family gifts, estate distribution, and financial ethics.