Gifts Under Muslim Law and the Requirement of Registration: an Analysis of Legal Provisions and the Case Law

Examples of gifts and payments include but are not limited to: meals, travel and travel accommodations, tickets to

7. A gift received for opening a bank account is not taxable income to the recipient.

The proprietary right is protected by overriding interest under Section 70(1)(f) of Land Registration Act 1925 (LRA1925). Limitation Act 1980 stated requirement towards the squatter where he is in factual possession to the land for a period of 12 years continuously and is not objected by the land owner, he will obtain a title towards the land. However, Land Registration Act 2002 (LRA 2002) brings changes towards this proprietary right where it provides a new set of rules which

If any client or persons that has any financial interest in a company is offered a gift or entertainment and accepts the offer, they are in the risk of complying with the “Integrity and Objective Rule.” A client should have a firm understanding of what is acceptable when accepting a gift. There are limitations on gifts such as the price of the gift. The occasion is a factor of whether the gift is acceptable or not, and how many gifts were given or how often gifts were given is taken into account when considering acceptable gifts.

The anthropology of gifts has been mostly studied in the context of non-Western cultures. The important roles of gift giving were highlighted by classical anthropologists such as Malinowski, Mauss and Levi-Strauss. They stressed the significance of reciprocity and obligation suggested in gift exchange and that gift giving is a one practice of material expression that integrates a society.

• Whether the transfer of chattels and other personal property attached to the land were not fixtures under the general law definition.

B) An individual can inadvertently make a gift by underestimating a property's fair market value and selling it to a relative for a price below its fair market value.

The receiver of the gift is better off in a utilitarian sense, if he chooses not to return the favor. Yet why does he have the desire to repay? Why does receiving a gift put him at a social disadvantage? The economy of gift of Bataille differs from Nietzsche’s creditor-debtor relationship with regard to the psychology behind these two dynamics. While Bataille delved into the mentality of the giver, who has the upper hand in this power relation, Nietzsche focused on the psychology of the debtor. Bataille construed the economy of gifting as an act out of man’s “animal factor” that goes beyond the want of acquisition – a human instinct to win and to overpower. It is in man’s nature to covet “prestige, glory and rank” (Bataille, 1997, p. 376), yet they do not come without comparison and competition. Thus, the giver of the gift has to deliberately create a rivalry, and thus, an inequality that favors himself in order to acquire prestige, glory and rank. It is this desire for superiority that gives man the ultimate incentive to give away his wealth. Gifting is to win by losing. It also explains the increment value in the return of the gift, for the receiver of the initial gift not only wants to recover his equality with the initial giver, but also to overpower him, to defeat him. The same desire that fuels the endless cycle of gifting rituals like moka and potlatch. One good potlatch deserves another, and

In Document A there is a statistic chart. In this chart is states everything he brought with him such as slaves, camels, and total number of people. There is an overwhelming amount of 24,000 pounds of gifts. These gifts did not all go to Mecca. Document D states many passages translated to english from the Qur’an. One of them states “Those who give alms by night and by day, in private and in public, shall be rewarded by their Lord.” Along his journey Mansa Musa gave out so much gold to poor people especially in

3. (p. 78) Individuals are allowed to give money or items of any value to a person without being subject to taxes.

The step-by-step process of the potlatch was initiated by the “congregation of people who were formally invited to witness a demonstration of family prerogative of a host group comprised of kin or local residences” (Barnett 349). It was then stipulated that “only one person assumed the role of host and donor of gifts, and any members of his localized kinship group could voluntarily support him in the preparations of a potlatch in return for patronage favors” (Barnett 350). Following this stipulation “there was an unequal distribution of gifts which were presented according to rank of the receiver, and which reflected the donor's judgment of the recipient's social worth” (Barnett 354). Next the “potlatch allowed the donor to make a claim in his family name to certain distinctions and privileges. The recognition of these claims must come from the other members of society" (Barnett357); to which Barnett highlights “was the ultimate goal of the potlatch” (Barnett 357). Lastly, “although the gifts did provoke a reciprocal response, they should be viewed as true gifts and not as loans or capital investments; the ultimate aim was the distribution of wealth and not the accumulation of wealth”

Gift giving is also very important to the Singaporeans and shows a sign of respect. There are a few do’s and don’ts when giving gifts some of these are no giving of alcohol, scissors, knives as they are associated with killing. No handkerchief or clocks as they are associated with death. A gift may be refused three times before accepting as this shows that the receiver is not greedy. This is important for us when both giving and receiving gifts. Gift giving is a sign of respect and if we want to have a good relationship during our business dealings it is important that we follow through with these traditions.

Sharia law is an ancient compilation of religious rules that most Muslim nations seek reference in governing their people. Also defined as Islamic law, the essence of sharia laws emanated from the life of Prophet Mohammed known as the hadiths as well as the Quran teachings. The hadiths entail the vocal expressions of prophet Muhammad on divine life and his condemnation of immoral behavior that undermine the acceptable way of life. The teachings are accepted by the Muslim community who affirm that Muhammad’s teachings supplement the functionality of the Quran. On the other hand, the Quran, which forms the core reference on Muslim beliefs and regulations provides moral and spiritual guidance among the Muslims. It also dictates how the Muslims should interact with the non-Muslim community without contravening on the sharia doctrines (Hallaq 20-25).

Being one of the most extensive law reforms of the Law Commission, Land Registration Act 2002 aims to create a flawless legal framework for land registration, especially in terms of conveyancing with emphasis on overriding interests and adverse possession. It is agreed that the Land Registration Act 2002 (hereafter LRA 2002), by putting emphasis on strict registration, moved the idea of land ownership from ownership by possession to bureaucratization of title via registration. Therefore, LRA 2002 is said to bring further strictness and clarity to land ownership and subsequent conveyancing. In conjunction, LRA 2002 was expected to bring an “e-conveyancing revolution” to land registration which was awaited to be a major success. Although steps are taken towards this development, it is claimed that there is still long way to go before a complete and problem-free e-conveyancing system. Apart from matters relating to conveyancing, LRA 2002 consists of sections regarding overriding interests where their number and scope are widely reduced with specifications of registration introduced. Moreover, the Act includes strictly drafted provisions about adverse possession, aiming to bring further restrictions to this matter by bringing further difficulties to the acquisition of title and therefore shifting from a squatter prone approach to a registered owner supporting view.

A bench of the Supreme Court has in Bankura Municipality v. Lalji Raja and Sons[2] held that: