BACA BUKU FIQH : " HIBAH, SHODAQOH, HADIAH " | Kajian Fiqh Sulaiman Rasyid | Part 38

Summary

The transcript discusses the concept of Hibah, a gift given without expecting anything in return, highlighting the difference between gifts, charity, and transactions like buying and selling. It covers various examples, including the significance of gifts in Islamic teachings and the legal implications of giving and receiving them. The script also touches on the rights and responsibilities associated with gifts, particularly in familial relationships. Additionally, it explores the concept of fairness and equity in giving, especially when it involves children or spouses. The focus is on understanding the nuances of giving and receiving in different contexts.

Takeaways

• 😀 Hibah (gifts or donations) refers to giving something without expecting anything in return, and without any cause or compensation.
• 😀 Unlike buying or selling, where there is an exchange of goods for money or vice versa, hibah is a one-way act of generosity.
• 😀 Gifts and charity are meant to seek reward in the afterlife, emphasizing acts of kindness with no material expectation.
• 😀 When giving hibah, the giver does not anticipate any compensation or reciprocal act, as seen in the example of giving clothing without any return.
• 😀 The act of giving gifts is also about honoring and respecting the recipient, for instance, gifting someone who has memorized parts of the Quran.
• 😀 Islamic teachings encourage giving to family members, including orphans, the needy, and those who seek help, as part of fulfilling social responsibilities.
• 😀 When someone is invited to receive food or gifts, it is important to accept them graciously, regardless of their value, in accordance with prophetic teachings.
• 😀 The giver of a gift, such as a parent, must have ownership and the right to give. Gifts given by individuals who do not own the item (like minors or mentally impaired people) are not valid.
• 😀 The concept of fairness in distribution is essential, especially when giving to children. It is important to consider their needs and not simply give identical gifts, as each child's situation may differ.
• 😀 Gifts given by parents, such as to children or spouses, may be revoked or returned in certain situations, especially if the giver later requests it, but this does not apply in the same way to others.
• 😀 Islamic law allows parents to reclaim gifts given to their children, as they are considered the rightful guardians of their children's welfare, but once the gift is sold, it cannot be returned.

Q & A

What is the main difference between a 'hibah' and a 'sale' in the context of giving gifts?

A 'hibah' refers to a gift given without any expectation of return or compensation, whereas a sale involves an exchange where something is given in return for payment or another item.

Why is it important to distinguish between a 'hibah' and a 'sale'?

It is important because a 'hibah' is intended to be a charitable act, often done for spiritual rewards, while a sale is a commercial transaction with mutual exchange of goods or services.

What is the primary purpose behind giving a 'hibah' or a gift?

The primary purpose of giving a 'hibah' is to seek spiritual rewards, particularly the reward in the afterlife, without expecting anything in return.

Can a person who is mentally unstable or a child legally give a 'hibah'?

No, individuals who are mentally unstable or children are not legally capable of giving a valid 'hibah' because they do not have full ownership or legal authority over the property being given.

How should the value or nature of gifts, especially during celebrations like circumcision, be considered?

During celebrations such as circumcision, gifts should align with local customs and be appropriate for the occasion. It's important not to overemphasize or create expectations based on religious or social status.

What does the concept of 'Ijab and Qobul' mean in the context of a 'hibah'?

'Ijab' refers to the offer or declaration of giving the gift, while 'Qobul' is the acceptance by the recipient. Both are necessary for the gift to be valid.

What is the Islamic perspective on a father asking for a gift back from his child?

Islamic teachings permit a father to ask for a gift back from his child, as he is allowed to manage the well-being and resources of his family, unlike others who cannot demand gifts to be returned.

What are the conditions for a gift to be considered legally binding in Islam?

A gift is legally binding in Islam once it is offered and accepted, and it becomes the recipient's property once received. Without acceptance, the gift does not become the property of the recipient.

What is the significance of giving gifts to family members, such as children, in Islamic tradition?

Giving gifts to family members, especially children, is encouraged in Islam as a means of showing love and affection, with an emphasis on fairness and consideration of their needs.

What is the role of fairness ('adl') in gift-giving among children in Islamic law?

Fairness in gift-giving among children is important to ensure that each child receives gifts appropriate to their needs. However, fairness does not mean identical gifts, but rather giving what is suitable for each child’s circumstances.