Fiqh grant (bag. 3)

Four pillars of grants

So that a grant process is considered valid in our Shari’a, according to Jumhur Ulama must consist of four things (harmony), namely:

First: People who give (Al-Ahiib);

Second: The person given (Al-Mauruub display);

Third: The thing given (Al-Mauruub);

Fourth: And Sighah (handover sign).

The provider (‘S), then he is the owner of the goods when in a healthy condition and has the authority to take action on his affairs. If someone is sick to give something to others, then he dies, then according to the scholars, the grant is in the third inheritance (will and not a grant), and the law of will.

As for the person who was given (Al-Mauruub display), then anyone can. With a note, if the grant is given to a minor or a person who is insane his mind, then it must be handed over to the valid guardian or caregiver from them.

Regarding the portion and number of objects given, the ulama agreed that a person may give all his wealth to others who are not relatives. As for giving all the assets to some of their children, or exaggerating gifts to some children, according to the jumhur ulama the law is makruh. This is like the words of the Prophet Sallallaahu ‘alaihi wasallam,

Justice between your children in bees, because you like to adjust between you in truth and goodness

“Be fair among your children in a grant, because you want them to be fair to you in their dedication and gentle.” (Thabrani hours on Al-Mu’jam al-Kabiir, 21: 71 and Ibn Hibban in this book Saheeh-no. 5104)

As for something given (Al-Mauruub) is all that is owned by the giver. It is not legal to give something that is not his.

Meanwhile Sighah (handover sign), then all who can have implications for consent and qabul including from it, both in the form of words and actions, such as pronunciation of gifts, grants, gifts, and the like.

Two kinds of grants based on the pronunciation

First, pronunciation of surrender (consent) shaped Sharih (openly)

For example, “I gave this thing to you.” Or also with the pronunciation that is generally used for meaning SharihFor example, “I give you this thing”, “I made it yours”, “I gave it to you”, “I give you this food”, and, “I made this animal your rider”, all of which are spoken with the intention of the grant.

The law: All of this became a grant, because the giving of ownership of the object took place at that time, or happened by making it for others without asking for a replacement, all of this is the meaning of the grant. This is because in the habits of people, the pronunciation mentioned above shows giving ownership to others directly at that time.

Second, grants that are limited to certain conditions or time

There are three general terms related to grants that are limited to certain conditions or time:

ʿUl

ʿUmra is a grant with the limitations of one’s life. This was once done by stupid people as a form of escape from heirs. For example the word giver, “I gave you this house for you for life.” or “… as long as I live.”

That is, the recipient may use or have these items during his life or during the life of the giver.

According to mThe ulama (jumhur, namely Shafi’i, Hanbali, and part of Hanafi), grant ʿUl valid and permanentNot only limited to the lifetime of one of the two people. That is, if the recipient has received it, the treasure remains his own even after he died and could be passed on to his heirs. This is based on the words of the Prophet Shoullahu ‘alaihi wasallam,

Hold you, your money, and don’t damage it; For anyone who buys Omar, he is for the person who built him alive and died, and he followed him

“Take your property, and don’t damage it; Because whoever gives a ‘Umra’ grant, the gift is for people who receive it, both during their lives and after his death, and will be the right of their descendants (descendants of those who receive it). “ (HR. Muslim no. 1625)

The Maliki school limits meaning ʿUl In providing benefits, not full ownership. So after the recipient dies, the goods return to the giver or heir.

Brush

Brush is a grant on the condition that “Who lives longer will have it.” For example, the giver said, “If I die first, then this house is for you; If you die first, then the house returns to me. “

So it is a kind of “waiting for who lives longer.”

Ulama Hanafi and Maliki Assess the ruqbā grant invalidbecause it includes a grant that is hung on something that is uncertain (Gharar). But if it is considered a loan (benefit), then it is legal. Meanwhile, according to Syafi’i and Hanbali, brush seen as a legal grant, as long as the recipient has received it (it has happened Qabdh). The word conditions are considered to fall, so that the goods remain the property of the recipient in full. From Jabir bin Abdillah Radhiyallahu anhu, Said, “Rasulullah sallallaahu ‘alaihi wa sallam say,

Umrah is a bias for those who are aged and monitor are gifts for those who watch it

”Umra can be for the person he gave and Ruqba can be for what he gives. ” (Jam. An-Nasa’i no. 3724 and spoken by Sheikh al-Albani in Saheeh-His)

Both types of grants are ultimately considered as absolute grants, unable to return to the giver.

Benefit grant

Benefit grant is the granting of the rights of use (benefits) of an item without moving the ownership of its main object (Raqabah or ‘Ayn). For example, “I give you Benefits of this house for 10 years. “

On fiqh, such forms are usually not treated as “grants ‘Ayn“, But entered into a cluster ‘āriyah (borrowed) or enter the Waqf/ categoryUmra/ruqba, depending on the editor and the conditions.

Law “Benefits of Benefits” in the opinion of Jumhur (many scholars of Sheikh, Hanabilah, and even Hanafiyah) valid. But his notes are that the agreement is no longer called “grant”, but is called ‘āriyah (borrowing). As for kethical ‘āriyah (borrowing), namely: Utilization rights dispactor And end When his party died or the useful life.

Ibn Qudāmah gave an example “R.This is home for you during your life“, not a general agreement; This is a benefit grant (‘Ariyah).“ So that only binds to the benefits that have been used.

From this we can conclude that if someone gives the use of the object he has, then in fact he just wants to give Aariyah only (use rights). And does not intend to give the right to ownership of the property.

Wallahu a’lam bisshawab.

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Writer: Muhammad Idris, Lc.

Article Muslim.or.id