hiba-bil-iwaz

Arabic/Persian · HEE-buh bil ee-WAAZ · Family and succession

Meaning. A Muslim “gift for a return”: a gift followed by a return gift, which together operate as a sale.

Hiba-bil-iwaz consists of two transactions: a gift by the donor and a later return gift (iwaz) by the donee, made voluntarily and accepted. Because there is consideration, the transaction is in substance a sale. Delivery of possession is therefore not required, but the iwaz must be real; adequacy does not matter.

In India the form was used, for example, to transfer property to a wife in return for release of her dower. Being an exchange for consideration, courts have held that a hiba-bil-iwaz of immovable property worth one hundred rupees or more must be by registered instrument, like a sale under s.54 of the Transfer of Property Act. It is distinguished from hiba-ba-shart-ul-iwaz, a gift made on condition of a return, which needs delivery of possession and becomes irrevocable only when the return is paid.

Example

A husband's transfer of his house to his wife in lieu of her unpaid dower is a hiba-bil-iwaz and, being in effect a sale, requires registration.

In Indian law

Section 54, Transfer of Property Act, 1882 (sale of immovable property)

hiba-bil-iwaz

Example

In Indian law

See also

Read more in the study notes