[ms] Case Analisys on the Practice of Conditional Hibah in Malaysia

Nurul Syahirah Othman, Noor Lizza Mohamed Said, Mohd Zamro Muda, Nasrul Hisyam Nor Muhamad

Abstract


Hibah is becoming one of the instrument chosen by Muslim society in Malaysia in property planning. The product of conditional hibah has been commercialized by related institutions such as Amanah Raya Berhad (ARB), Wasiyyah Shoppe Berhad, as-Salihin Trustee Berhad, CIMB, Tabung Haji, Amanah Saham Nasional Berhad (ASNB) and Prudential BSN Takaful Berhad. There are cases of conditional hibah that have been decided by the court based on the books of Islamic jurisprudence due to lack of codification of specific enactment related to hibah in this country. Thus, the existence of various opinion from the Islamic jurists in enforcement of conditional hibah has resulted in inconsistency of Shariah judges decision upon the cases of conditional hibah. This article aims to observe the practice of conditional hibah in Malaysia through data from reported cases of conditional hibah as decided at the Shariah High Court. This study has significant step to issue of the practice of conditional hibah in Malaysia. Furtheremore the data is analised based on the opinion and argumentation of Islamic jurists. The judges opinion and comments will be considered in order to know the client’s preferences that accept the conditional hibah. The research outcomes discover that there are some of the Shariah judges that accepted the conditional hibah based on validity of the hibah decided.

Keywords


Conditional hibah; enactment; Shariah High Court; fuqaha’

Refbacks

  • There are currently no refbacks.


 


 

ISSN 0126-5636 

Articles in Islāmiyyāt are abstracted and indexed in:

Index Islamicus, ISC (Islamic World Science Citation Centre),

ProQuest, UDLedge, MyCite, MyJurnal and UJAR (UKM Journal Article Repository)

Faculty of Islamic Studies
Universiti Kebangsaan Malaysia
43600 UKM Bangi, Selangor D.E., MALAYSIA

UKM Press
Universiti Kebangsaan Malaysia
43600 UKM Bangi, Selangor D.E., MALAYSIA 

© Copyright UKM Press, UKM