Hiba, Lifetime Usufruct and the Question of Shariah Compliance: A Quranic and Legal Analysis of Bangladesh's Transfer of Property (Amendment) Bill, 2026

Abstract

This article examines whether Bangladesh's Transfer of Property (Amendment) Bill, 2026 - which creates a statutory mechanism permitting donors to transfer property while reserving lifetime usufruct - contravenes Qur'anic inheritance provisions. The analysis distinguishes between three distinct legal concepts: inheritance (mirāth), which governs property remaining at death; classical Hiba, a completed lifetime gift; and the proposed statutory gift with reserved usufruct. The Qur'an's inheritance rules in Surah al-Nisa 4:11 - 14 attach to property forming part of the deceased's estate and do not expressly prohibit genuine lifetime dispositions. Critically, proposed section 122A(4) expressly states that the new mechanism is a distinct mode of transfer that does not affect the validity of existing "gift or Heba." The article concludes that the amendment does not, on its face, violate Qur'anic inheritance commands, provided the arrangement constitutes a genuine lifetime transfer rather than a testamentary disposition disguised as a gift. The humanitarian objective of protecting elderly parents from dispossession is compatible with Islamic principles of justice, family responsibility, and prevention of harm, though careful safeguards against abuse remain essential.