أحكام ضمان الهبة في الفقه الإسلامي و القانون المدني الأردني : دراسة مقارنة

Abstract EN

A grant means giving someone financial assets during the donor’s lifetime without any compensation.

In Islam, it is lawful in every kind of financial asset as long as it can be divided even if the asset is public property.

The possession of this grant/asset only becomes lawful/valid when the beneficiary gets it.

Therefore, the donor has the right to change his/her mind before the beneficiary actually seizes the asset.

If, however, the beneficiary uses the grant before it becomes lawful/valid, he/she has to guarantee it for the donor.

Similarly, if the beneficiary uses the grant after the judge decides it should be returned to the donor, the beneficiary has to guarantee it with the obligation that the gram should be taken back from the beneficiary if the grant turns out to be rightly deserved by someone else.

In this case, however, the beneficiary should be compensated for any money he invested in this grant/asset, not to mention that the beneficiary should guarantee tire grant if it gets damaged/spoiled before the return process takes place.