الخلاصة:
Through studying possession in the Hibah (gift) contract in Islamic
jurisprudence and Algerian civil law، this summary was drawn. The hibah is a
Real contract that cannot be concluded except by possession،which is
considered a pillar for its conclusion. The same applies if the place of the
hibah is a real or personal estate، since hibah for the public is a donation
contract that takes place with the offer of the donor and the acceptance of the
donee and the ownership is not established except by qabd (actual
possession). This is what the Algerian legislator adopted، making the hibah a
contract to be concluded by offer (Ijab)، acceptance (qabul)، possession، and
official status in real estate and special procedures in personal property، all of
which are pillars whose backwardness arranges absolute nullity .
