The grey side of hibah amanah as instrument of property management in Malaysia

The widespread use of hibah amanah can be seen as big players including the Amanah Raya Berhad (ARB), Amanah Saham Nasional Bhd (ASNB), Tabung Haji (TH),Wasiyyah Shoppe Berhad, as-Salihin Trustee Berhad, CIMB, and Prudential BSN Takaful Berhad decide to embrace it. It has become a popular alternativ...

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Main Authors:	Zul Kepli, Mohd Yazid, Ahmad Bustami, Tajul Aris
Format:	Conference or Workshop Item
Language:	English English English
Published:	2018
Subjects:	HB126.4 Islamic Economics K Law (General) KBP Islamic Law KBP639 Muʻāmalāt
Online Access:	http://irep.iium.edu.my/65778/ http://irep.iium.edu.my/65778/ http://irep.iium.edu.my/65778/1/Hibah%20Amanah.pdf http://irep.iium.edu.my/65778/2/Turnitin%20Hibah%20amanah.pdf http://irep.iium.edu.my/65778/3/Conf%20ICLAS%202018%20KK.pdf

id	iium-65778
recordtype	eprints
spelling	iium-657782018-09-21T03:27:47Z http://irep.iium.edu.my/65778/ The grey side of hibah amanah as instrument of property management in Malaysia Zul Kepli, Mohd Yazid Ahmad Bustami, Tajul Aris HB126.4 Islamic Economics K Law (General) KBP Islamic Law KBP639 Muʻāmalāt The widespread use of hibah amanah can be seen as big players including the Amanah Raya Berhad (ARB), Amanah Saham Nasional Bhd (ASNB), Tabung Haji (TH),Wasiyyah Shoppe Berhad, as-Salihin Trustee Berhad, CIMB, and Prudential BSN Takaful Berhad decide to embrace it. It has become a popular alternative to the Islamic system of inheritance (faraid) as it enables a donor to have full control during the donor’s life over his/her property while the beneficiary can only benefit from it upon the death of the donor. It enables the donor to disregard the usual limitations provided under the faraid since endowment of hibah amanah is arguably not subjected to faraid law. This article starts with analysis on the shariah perspective of hibah amanah, focusing on the arguments forwarded by scholars that support and oppose hibah amanah, together with their justifications from the Quran, Sunnah and other basis of their view (ijtihad). This is a qualitative study using content analysis methodology. This article attempts to clarify and describe the general characteristics and legal requirements for hibah amanah to be valid in Malaysia. This article also highlights the long list of problems and challenges related to hibah amanah especially from the shariah, economic and legal perspectives. This article reveals that despite the sudden widespread and popular use of hibah amanah as an instrument of property management, there are many legal complications and obstacles that will appear. This article stresses the importance of having a clear legal and regulatory mechanism to address all issues related to hibah amanah. 2018-04-11 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/65778/1/Hibah%20Amanah.pdf application/pdf en http://irep.iium.edu.my/65778/2/Turnitin%20Hibah%20amanah.pdf application/pdf en http://irep.iium.edu.my/65778/3/Conf%20ICLAS%202018%20KK.pdf Zul Kepli, Mohd Yazid and Ahmad Bustami, Tajul Aris (2018) The grey side of hibah amanah as instrument of property management in Malaysia. In: 7th International Conference on Law And Society (ICLAS 7), 11th-13th April 2018, Kota Kinabalu, Sabah. (Unpublished) https://iclas2018.org/parallel-sessions/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	HB126.4 Islamic Economics K Law (General) KBP Islamic Law KBP639 Muʻāmalāt
spellingShingle	HB126.4 Islamic Economics K Law (General) KBP Islamic Law KBP639 Muʻāmalāt Zul Kepli, Mohd Yazid Ahmad Bustami, Tajul Aris The grey side of hibah amanah as instrument of property management in Malaysia
description	The widespread use of hibah amanah can be seen as big players including the Amanah Raya Berhad (ARB), Amanah Saham Nasional Bhd (ASNB), Tabung Haji (TH),Wasiyyah Shoppe Berhad, as-Salihin Trustee Berhad, CIMB, and Prudential BSN Takaful Berhad decide to embrace it. It has become a popular alternative to the Islamic system of inheritance (faraid) as it enables a donor to have full control during the donor’s life over his/her property while the beneficiary can only benefit from it upon the death of the donor. It enables the donor to disregard the usual limitations provided under the faraid since endowment of hibah amanah is arguably not subjected to faraid law. This article starts with analysis on the shariah perspective of hibah amanah, focusing on the arguments forwarded by scholars that support and oppose hibah amanah, together with their justifications from the Quran, Sunnah and other basis of their view (ijtihad). This is a qualitative study using content analysis methodology. This article attempts to clarify and describe the general characteristics and legal requirements for hibah amanah to be valid in Malaysia. This article also highlights the long list of problems and challenges related to hibah amanah especially from the shariah, economic and legal perspectives. This article reveals that despite the sudden widespread and popular use of hibah amanah as an instrument of property management, there are many legal complications and obstacles that will appear. This article stresses the importance of having a clear legal and regulatory mechanism to address all issues related to hibah amanah.
format	Conference or Workshop Item
author	Zul Kepli, Mohd Yazid Ahmad Bustami, Tajul Aris
author_facet	Zul Kepli, Mohd Yazid Ahmad Bustami, Tajul Aris
author_sort	Zul Kepli, Mohd Yazid
title	The grey side of hibah amanah as instrument of property management in Malaysia
title_short	The grey side of hibah amanah as instrument of property management in Malaysia
title_full	The grey side of hibah amanah as instrument of property management in Malaysia
title_fullStr	The grey side of hibah amanah as instrument of property management in Malaysia
title_full_unstemmed	The grey side of hibah amanah as instrument of property management in Malaysia
title_sort	grey side of hibah amanah as instrument of property management in malaysia
publishDate	2018
url	http://irep.iium.edu.my/65778/ http://irep.iium.edu.my/65778/ http://irep.iium.edu.my/65778/1/Hibah%20Amanah.pdf http://irep.iium.edu.my/65778/2/Turnitin%20Hibah%20amanah.pdf http://irep.iium.edu.my/65778/3/Conf%20ICLAS%202018%20KK.pdf
first_indexed	2023-09-18T21:33:19Z
last_indexed	2023-09-18T21:33:19Z
_version_	1777412655310438400

The grey side of hibah amanah as instrument of property management in Malaysia

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