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Hiba and Ariyat

CategoryH
TitleHiba and Ariyat
DetailsIf it is a gift of the corpus, then any condition which derogates from absolute dominion over the subject of the gift will be rejected as repugnant but if the gift is one of a limited interest for usufructs only, which is known in Muslim law as ‘Ariyat’, ‘the gift can take effect out of the usufructs, leaving the ownership of the corpus unaffected except to the extent to which its enjoyment is postponed during the subsistence of the limited interest. [15 BLD (AD) 5 = 47 DLR (AD) 41] [See Rotofrusy on Civil Law and Rulings, Vol.1, p. 74]
Created OnJune 5, 2012, 10:40 AM
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