5 Differences Between Hibah And Wasiyat

Treasure planning from the Islamic law’s perceived means as the distribution of someone’s wealth to another. Commonly, someone who accepted wealth is heirs. But, in the Islamic way, treasure planning can be given to anyone as they want.

The wealth that can be given can be formed as property, money, land, gold, or anything. These things sometimes can give you some trouble with how to divide the inheritance among Islam. That can happen to everyone if the distribution of wealth is not valid.

That is why we should do the distribution with the right method. There are three famous methods of treasure planning in Islam. They are Hibah, Hibah with Wasiyat, and Wasiyat. 

This time we will specifically tell you about the differences of Hibah and Wasiat based on the Quran.

1. Basic Meaning

From the basic meaning perspective, Hibah means giving something to others while they are still alive. The Wasiyat means giving something to others while they were still alive as your family member.

Wasiyat can be means as the form of the importance of inheritance in Islam.

This means that Hibah can be useful once you get Hibah and help you while you are alive. But, Wasiyat can only be valid if the one who gave it is passed away.

The useful of Hibah mentions in the Quran surah Al Baqarah verse 177.

لَيْسَ الْبِرَّاَنْ تُوَلُّوْا وُجُوْهَكُمْ قِبَلَ الْمَشْرِقِ وَالْمَغْرِبِ وَلٰكِنَّ الْبِرَّ مَنْ اٰمَنَ بِاللّٰهِ وَالْيَوْمِ الْاٰخِرِ وَالْمَلٰۤىِٕكَةِ وَالْكِتٰبِ وَالنَّبِيّٖنَ ۚ وَاٰتَى الْمَالَ عَلٰى حُبِّهٖ ذَوِى الْقُرْبٰى وَالْيَتٰمٰى وَالْمَسٰكِيْنَ وَابْنَ السَّبِيْلِۙ وَالسَّاۤىِٕلِيْنَ وَفىِ الرِّقَابِۚ وَاَقَامَ الصَّلٰوةَ وَاٰتَى الزَّكٰوةَ ۚ وَالْمُوْفُوْنَ بِعَهْدِهِمْ اِذَا عَاهَدُوْا ۚ وَالصّٰبِرِيْنَ فِى الْبَأْسَاۤءِ وَالضَّرَّاۤءِ وَحِيْنَ الْبَأْسِۗ اُولٰۤىِٕكَ الَّذِيْنَ صَدَقُوْا ۗوَاُولٰۤىِٕكَ هُمُ الْمُتَّقُوْنَ – ١٧٧

“That virtue does not turn your face east and west, but it is a virtue of those who believe in Allah, the last day, angels, books, and prophets and give the treasure they love to relatives, orphans, the poor, those who are on their way (travelers), beggars, and to liberate slaves, who offer prayers and perform alms, those who keep their promises when they promise, and those who are patient in poverty, suffering, and suffering. and during the war. These are righteous, and they are righteous.” (QS 2:177)

2. Treasure Matter

The point matter that makes Hibah and Wasiyat different is about the treasure you can give. In Wasiyat you can give your Wasiyat from your treasure such as money, property, or other wealth, even loan.

In Hibah, you can only give your property, land, or money, or something that useful at that time. The loan couldn’t be Hibah for anyone such as mentions in loans and debt in the Islamic way.

3. The Term and Condition

In Wasiyat the term and condition can be changed if the receiver feels that the distribution is not based on Islamic law or may cause a fight. But, in Hibah, the term a condition can’t be changed.

Even though the Hibah is given by non-Muslim, they should follow the law of receiving an inheritance from non-Muslim. On the other hand, in Wasiyat there is a rule that whoever changes the Wasiyat will be a sinner.

But, if it is in a good way, it becomes permissible. Such as mention in the Quran surah Al Baqarah verses 181-182.

فَمَنْۢ بَدَّلَهٗ بَعْدَمَا سَمِعَهٗ فَاِنَّمَآ اِثْمُهٗ عَلَى الَّذِيْنَ يُبَدِّلُوْنَهٗ ۗ اِنَّ اللّٰهَ سَمِيْعٌ عَلِيْمٌ ۗ – ١٨١

فَمَنْ خَافَ مِنْ مُّوْصٍ جَنَفًا اَوْ اِثْمًا فَاَصْلَحَ بَيْنَهُمْ فَلَآ اِثْمَ عَلَيْهِ ۗ اِنَّ اللّٰهَ غَفُوْرٌ رَّحِيْمٌ ࣖ – ١٨٢

“Whoever changes it (the will), after hearing it, then the actual sin is only for those who change it. Truly, Allah is All-Hearing, All-Knowing, But whoever worries that the willer (applies) is biased or wrong, then he reconciles between them, then he is not sinful. Truly, Allah is Forgiving, Most Merciful.” (QS 2:181-182)

4. The Declaration

The declaration of Hibah is whenever the giver wants to give it as long as they are still alive. And the receiver also has to alive to accept the Hibah.

In the Wasiyat, the declaration can be done after the giver passed away, or right before they passed away. Such as mentions in the Quran surah Al Baqarah verse 180.

كُتِبَ عَلَيْكُمْ اِذَا حَضَرَ اَحَدَكُمُ الْمَوْتُ اِنْ تَرَكَ خَيْرًا ۖ ۨالْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْاَقْرَبِيْنَ بِالْمَعْرُوْفِۚ حَقًّا عَلَى الْمُتَّقِيْنَ ۗ – ١٨٠

“It is obliged upon you, if death is about to pick up someone among you, if he leaves the property, wills to both parents and close relatives in a good way, (as) an obligation for the righteous.” (QS 2:180)

5. Value of Property

In Hibah, the giver can give it into an unlimited amount to the receiver. But, in Wasiyat, there is a limit about the distribution with a maximum of a third of the treasury. Such as mentions in the Quran An Nisa verses 7-8.

لِلرِّجَالِ نَصِيْبٌ مِّمَّا تَرَكَ الْوَالِدٰنِ وَالْاَقْرَبُوْنَۖ وَلِلنِّسَاۤءِ نَصِيْبٌ مِّمَّا تَرَكَ الْوَالِدٰنِ وَالْاَقْرَبُوْنَ مِمَّا قَلَّ مِنْهُ اَوْ كَثُرَ ۗ نَصِيْبًا مَّفْرُوْضًا – ٧

وَاِذَا حَضَرَ الْقِسْمَةَ اُولُوا الْقُرْبٰى وَالْيَتٰمٰى وَالْمَسٰكِيْنُ فَارْزُقُوْهُمْ مِّنْهُ وَقُوْلُوْا لَهُمْ قَوْلًا مَّعْرُوْفًا – ٨

“For men, there is a share of the inheritance of the parents and relatives, and for women, there is a share of the inheritance of both parents and relatives, either a little or a lot according to the predetermined part. And if during the distribution there are some relatives, orphans and poor people, then give them away from that treasure (modest) and say to them good words.” (QS 4: 7-8)

So, there are 5 differences between Hibah and Wasiyat based on the Quran. Be wise with your treasury so that Allah will give you His gratitude. There is also the law of sadaqah to non-Muslim if you want to do that.