Law on Heba is Contrary to Sharia, Needs Urgent Amendment: Fandauk Pir Shaheb

Alhaj Maulana Mufti Syed Saleh Ahmad Mamun Al-Hosaini, Pir Shaheb of the traditional Fandauk Darbar Sharif, has called for the prompt amendment of the prevailing law on heba (gift) of Muslim property, claiming that it conflicts with Islamic Sharia. He also demanded that the law on property transfer be reviewed with due importance given to Muslim personal law and the fundamental provisions of Sharia.

The Pir Shaheb said that heba is a recognized and important provision in Islamic Sharia, under which a person may voluntarily and without any exchange transfer property they own to another person during their lifetime. However, he said, Sharia sets out certain specific conditions and provisions for heba to be validly completed, including regarding the donor, the recipient, offer and acceptance, and the transfer of possession. He said any law inconsistent with these fundamental principles could create complications for Muslim citizens.

He said it is the state’s responsibility to reconsider any provision that conflicts with Muslims’ religious rules and personal law, noting that heba is an important part of Muslim family and property law. Therefore, he said, in framing or amending laws on this matter, the opinions of the country’s experienced religious scholars and legal experts should be sought in light of the Quran, Sunnah, and recognized principles of Islamic jurisprudence.

The Pir Shaheb said there is considerable confusion among the general public regarding laws related to heba, noting that family disputes over property heba, gifts, distribution, and inheritance are particularly common in rural areas. He said complications often arise in many cases due to insufficient understanding of the processes of property transfer under both Sharia heba and state law.

Calling on the government to review the matter afresh, he said that not only the opinions of legal experts but also a specialized committee — comprising the country’s leading muftis, muhaddiths, fuqaha, Islamic law experts, and experienced lawyers — should be formed to examine the provisions related to heba.

In his view, identifying the fundamental provisions of heba in light of the Quran, Sunnah, and Islamic jurisprudence, and then examining their consistency with the prevailing law, would make it possible to arrive at a practical solution to the problem.

The Pir Shaheb of Fandauk Darbar Sharif further said that a large number of Muslim citizens in Bangladesh follow Islamic provisions in matters concerning their family and property. Therefore, he said, due importance should be given to their religious sentiments and Sharia provisions whenever any law related to Muslim personal law is framed or amended.

He said state law is one of the key means of ensuring citizens’ rights and justice. Therefore, matters of personal law for Muslims — including heba, inheritance, and wills — should be handled in a way that upholds due respect for religious provisions alongside the framework of the constitution and prevailing law.

He expressed hope that the government would consider the matter seriously and take effective steps to protect the religious rights and personal law of Muslim citizens.

The Pir Shaheb said that heba is an important part of Muslim personal law, and therefore the fundamental principles of Sharia cannot be ignored in any reform of the law on this matter. He said the government must take swift and effective initiatives to ensure citizens’ religious rights and the equitable management of property.