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...
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| Language: | English English English |
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IIUM Press, International Islamic University Malaysia
2019
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| 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 |
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iium-794242020-03-05T03:14:24Z http://irep.iium.edu.my/79424/ The grey side of hibah amanah as inheritance instrument in Malaysia Zul Kepli, Mohd Yazid Ahmad Bustami, Tajul Aris K Law (General) KBP Islamic Law 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. IIUM Press, International Islamic University Malaysia 2019 Article PeerReviewed application/pdf en http://irep.iium.edu.my/79424/1/79424_The%20grey%20side%20of%20hibah%20amanah%20_article.pdf application/pdf en http://irep.iium.edu.my/79424/2/79424_The%20grey%20side%20of%20hibah%20amanah%20_scopus.pdf application/pdf en http://irep.iium.edu.my/79424/3/79424_The%20grey%20side%20of%20hibah%20amanah%20_wos.pdf Zul Kepli, Mohd Yazid and Ahmad Bustami, Tajul Aris (2019) The grey side of hibah amanah as inheritance instrument in Malaysia. Al-Shajarah, 24 (2). pp. 267-292. ISSN 1394-6870 https://journals.iium.edu.my/shajarah/index.php/shaj/article/view/946/414 |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English English English |
| topic |
K Law (General) KBP Islamic Law |
| spellingShingle |
K Law (General) KBP Islamic Law Zul Kepli, Mohd Yazid Ahmad Bustami, Tajul Aris The grey side of hibah amanah as inheritance instrument in Malaysia |
| description |
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. |
| format |
Article |
| 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 inheritance instrument in Malaysia |
| title_short |
The grey side of hibah amanah as inheritance instrument in Malaysia |
| title_full |
The grey side of hibah amanah as inheritance instrument in Malaysia |
| title_fullStr |
The grey side of hibah amanah as inheritance instrument in Malaysia |
| title_full_unstemmed |
The grey side of hibah amanah as inheritance instrument in Malaysia |
| title_sort |
grey side of hibah amanah as inheritance instrument in malaysia |
| publisher |
IIUM Press, International Islamic University Malaysia |
| publishDate |
2019 |
| url |
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 |
| first_indexed |
2023-09-18T21:51:28Z |
| last_indexed |
2023-09-18T21:51:28Z |
| _version_ |
1777413797936365568 |