The grey side of hibah amanah as inheritance instrument in Malaysia
Hibah amanah has become a popular alternative to the Islamic system of inheritance (farā’iḍ) as it enables a donor to have full control during his life over his or her property while the beneficiary can only benefit from it upon the death of the donor. Hibah amanah enables the donor to circumven...
| Main Authors: | , |
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| Format: | Article |
| Language: | English English English |
| Published: |
IIUM Press, International Islamic University Malaysia
2019
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/79424/ http://irep.iium.edu.my/79424/ http://irep.iium.edu.my/79424/1/79424_The%20grey%20side%20of%20hibah%20amanah%20_article.pdf http://irep.iium.edu.my/79424/2/79424_The%20grey%20side%20of%20hibah%20amanah%20_scopus.pdf http://irep.iium.edu.my/79424/3/79424_The%20grey%20side%20of%20hibah%20amanah%20_wos.pdf |
| Summary: | Hibah amanah has become a popular alternative to the Islamic
system of inheritance (farā’iḍ) as it enables a donor to have full
control during his life over his or her property while the beneficiary
can only benefit from it upon the death of the donor. Hibah amanah
enables the donor to circumvent the strict limitations provided under
farā’id since the endowment of hibah amanah is arguably not
subjected to farā’iḍ. This article starts with an analysis of the
Sharī‘ah perspective of hibah amanah, focusing on the arguments
forwarded by scholars that support and oppose hibah amanah,
together with their justifications from the Qur’ān, Sunnah and other
basis of their views (ijtihād). This qualitative study uses content
analysis methodology and reveals that there are many legal
complications and obstacles including the issue of
Sharī‘ah-compliance, and the disputed permissibility of using Hibah
amanah to circumvent farā’iḍ, the possibility of unfairness and bias,
the denial of the beneficiaries’ rights without remedy, the threats
from the money laundering perspective and the conflict between
Shari’ah court and civil court over jurisdiction. This article stresses
the importance of having a clear legal and regulatory mechanism to
address all issues related to hibah amanah. |
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