Foundations of Revocation in the Contract of Gift (Hiba) and Its Role in Crime Prevention

Abstract

All transactions carried out by members of a society are normally conducted with prior intention, planning, calculations, and consultations. However, due to miscalculations or changes in attitudes and circumstances, one of the parties to a contract may withdraw from the concluded transaction. In situations where no mechanism for reversal exists, compelling a party to continue a transaction may, in some cases, lead to dangerous and irreparable consequences. One of the contracts that existed prior to Islam and was subsequently recognized and formalized within Islamic law is the contract of hiba (gift). Like other transactions, the contract of hiba involves two parties—a donor (wahib) and a donee (mutahabb). Similar to other contracts, the contract of hiba includes mechanisms that allow for revocation. Through examining the relevant legal evidence and clarifying these mechanisms, both the donor and the donee can be informed of the permissible methods of revocation, as well as the obstacles that may bar revocation. This awareness enables the parties to act with full understanding should they decide to retract from the transaction.