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🌍 Children, inheritance & global · #162

Our father gave land to one child as a gift (hibah) when he was critically ill. Is that hibah valid?

A gift made during an illness that leads to death is treated like a will (wasiat), not an ordinary hibah. This means it is limited to one third of the estate. If the recipient is an heir, it is only valid with the other heirs' consent after the death. This rule protects the family from hasty decisions made when the giver is weak or easily influenced. But not every illness counts as a terminal illness; the court will assess your father's actual condition at the time. If your family disagrees, gather the medical records and the date of the hibah document. Avoid accusing one another, and take the matter to the Syariah Court for a binding decision. See court cases.
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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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