Application of Hibah, Umra and Ruqba in joint tenancy with right of survivorship: an analysis

Umra and Ruqba are the two forms of donation that were practised and familiar in the pre-Islamic period. Umra means making a donation subject to the life of the beneficiary or the donor with a condition that the property should be returned back to the donor after the demise of the beneficiary. It al...

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Main Authors:	Rahman, Md. Habibur, Ghazali, Puspa Liza, Abdullah, Md. Faruk, Osmani, Noor Mohammad
Format:	Book Chapter
Language:	English
Published:	USIM Press, Universiti Sains Islam Malaysia 2018
Subjects:	KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/68845/ http://irep.iium.edu.my/68845/ http://irep.iium.edu.my/68845/1/68845_Application%20of%20hibah%20umra%20and%20ruqba.pdf

id	iium-68845
recordtype	eprints
spelling	iium-688452018-12-26T02:18:48Z http://irep.iium.edu.my/68845/ Application of Hibah, Umra and Ruqba in joint tenancy with right of survivorship: an analysis Rahman, Md. Habibur Ghazali, Puspa Liza Abdullah, Md. Faruk Osmani, Noor Mohammad KBP1 Islamic law.Shariah.Fiqh Umra and Ruqba are the two forms of donation that were practised and familiar in the pre-Islamic period. Umra means making a donation subject to the life of the beneficiary or the donor with a condition that the property should be returned back to the donor after the demise of the beneficiary. It also means a temporary provision which refers to the life of any party of hibah arrangement, either the hibah giver or the recipient. Ruqba, on the other hand, is a donation where the beneficiary possesses the donation after the death of the donor, provided that the beneficiary survives upon that. Thus, umra and ruqba both are the forms of conditional donation while in the earlier the donation comes back to the donor after the demise of the beneficiary and in the later the beneficiary owns the donation after the demise of the donor if he survives up till that. The conditional hibah is valid provided that the related provision shall be adjustable and consistent with the contract and shall it not go to beyond shari’ah principles. The arrangements of umra and ruqba, being the conditional forms of hibah, are valid, albeit the condition of returning back the donated item to the donor is invalid. The application of umra and ruqba donations are valid as the underlying ground for the survivorship principle of joint tenancy contract, which would facilitate housing for the Muslim couples being compliant with shari’ah rules and regulations. USIM Press, Universiti Sains Islam Malaysia 2018 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/68845/1/68845_Application%20of%20hibah%20umra%20and%20ruqba.pdf Rahman, Md. Habibur and Ghazali, Puspa Liza and Abdullah, Md. Faruk and Osmani, Noor Mohammad (2018) Application of Hibah, Umra and Ruqba in joint tenancy with right of survivorship: an analysis. In: Contemporary and emerging issues in Syariah and law. USIM Press, Universiti Sains Islam Malaysia, Nilai, Negeri Sembilan, pp. 37-43. ISBN 978-967-440-588-5 http://penerbit.usim.edu.my/en/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP1 Islamic law.Shariah.Fiqh
spellingShingle	KBP1 Islamic law.Shariah.Fiqh Rahman, Md. Habibur Ghazali, Puspa Liza Abdullah, Md. Faruk Osmani, Noor Mohammad Application of Hibah, Umra and Ruqba in joint tenancy with right of survivorship: an analysis
description	Umra and Ruqba are the two forms of donation that were practised and familiar in the pre-Islamic period. Umra means making a donation subject to the life of the beneficiary or the donor with a condition that the property should be returned back to the donor after the demise of the beneficiary. It also means a temporary provision which refers to the life of any party of hibah arrangement, either the hibah giver or the recipient. Ruqba, on the other hand, is a donation where the beneficiary possesses the donation after the death of the donor, provided that the beneficiary survives upon that. Thus, umra and ruqba both are the forms of conditional donation while in the earlier the donation comes back to the donor after the demise of the beneficiary and in the later the beneficiary owns the donation after the demise of the donor if he survives up till that. The conditional hibah is valid provided that the related provision shall be adjustable and consistent with the contract and shall it not go to beyond shari’ah principles. The arrangements of umra and ruqba, being the conditional forms of hibah, are valid, albeit the condition of returning back the donated item to the donor is invalid. The application of umra and ruqba donations are valid as the underlying ground for the survivorship principle of joint tenancy contract, which would facilitate housing for the Muslim couples being compliant with shari’ah rules and regulations.
format	Book Chapter
author	Rahman, Md. Habibur Ghazali, Puspa Liza Abdullah, Md. Faruk Osmani, Noor Mohammad
author_facet	Rahman, Md. Habibur Ghazali, Puspa Liza Abdullah, Md. Faruk Osmani, Noor Mohammad
author_sort	Rahman, Md. Habibur
title	Application of Hibah, Umra and Ruqba in joint tenancy with right of survivorship: an analysis
title_short	Application of Hibah, Umra and Ruqba in joint tenancy with right of survivorship: an analysis
title_full	Application of Hibah, Umra and Ruqba in joint tenancy with right of survivorship: an analysis
title_fullStr	Application of Hibah, Umra and Ruqba in joint tenancy with right of survivorship: an analysis
title_full_unstemmed	Application of Hibah, Umra and Ruqba in joint tenancy with right of survivorship: an analysis
title_sort	application of hibah, umra and ruqba in joint tenancy with right of survivorship: an analysis
publisher	USIM Press, Universiti Sains Islam Malaysia
publishDate	2018
url	http://irep.iium.edu.my/68845/ http://irep.iium.edu.my/68845/ http://irep.iium.edu.my/68845/1/68845_Application%20of%20hibah%20umra%20and%20ruqba.pdf
first_indexed	2023-09-18T21:37:41Z
last_indexed	2023-09-18T21:37:41Z
_version_	1777412930225045504

Application of Hibah, Umra and Ruqba in joint tenancy with right of survivorship: an analysis

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