Acceptance (qabul) and taking possession (qabd) of hibah under Islamic law and the decision of the Syariah Courts in Malaysia

One of the important components in the creation of contract in Islamic law, apart from the contracting parties ('aqidan) and subject matter of contract (mahal al-'aqd), is formation (sighah). It consists of two essential elements i.e. offer (ijab) and acceptance (qabul). The absence of for...

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Main Author:	Ibrahim, Badruddin
Format:	Article
Language:	English
Published:	International Islamic University Malaysia 2009
Subjects:	K Law (General) KBP Islamic Law KPG Malaysia
Online Access:	http://irep.iium.edu.my/8922/ http://irep.iium.edu.my/8922/1/2009_-_Acceptance_%28qabul%29_and_taking_possession_%28qabd%29_of_hibah_under_Islamic_Law_and_the_decision_of_the_Syariah_Courts_in_Malaysia.pdf

id	iium-8922
recordtype	eprints
spelling	iium-89222011-12-13T14:00:16Z http://irep.iium.edu.my/8922/ Acceptance (qabul) and taking possession (qabd) of hibah under Islamic law and the decision of the Syariah Courts in Malaysia Ibrahim, Badruddin K Law (General) KBP Islamic Law KPG Malaysia One of the important components in the creation of contract in Islamic law, apart from the contracting parties ('aqidan) and subject matter of contract (mahal al-'aqd), is formation (sighah). It consists of two essential elements i.e. offer (ijab) and acceptance (qabul). The absence of formation will render the contract invalid and imperfect. Nevertheless, in the case of hibah as it is a kind of contract of charity (tabarru'), the issue arises as to whether the element of acceptance is required in order to constitue a valid hibah. Added to this is the issue of whether hibah is completed and ownership of property transferred to the recipient as is the case with other types of contract when all of the above three components of contract and their requirements are fulfilled. This study examines issues relating to these two important matters of hibah, since disputes among parties in the Syariah Courts of Malaysia mostly involve these. The examination focuses on the positions of Muslim jurists of the four well-known schools of law, i.e. Shafi'i, Hanafi, Maliki and Hanbali, on the issues. In addition, as the law of hibah for Muslims in Malaysia is mostly uncodified, the study also examines the law that has been applied by various Syariah Courts in Malaysia regarding these issues, especially whether their decisions are solely based on the law according to the school of Shafi'i. This is in order to find out an acceptable set of rules that could govern the creation of a valid and perfect hibah. International Islamic University Malaysia 2009 Article PeerReviewed application/pdf en http://irep.iium.edu.my/8922/1/2009_-_Acceptance_%28qabul%29_and_taking_possession_%28qabd%29_of_hibah_under_Islamic_Law_and_the_decision_of_the_Syariah_Courts_in_Malaysia.pdf Ibrahim, Badruddin (2009) Acceptance (qabul) and taking possession (qabd) of hibah under Islamic law and the decision of the Syariah Courts in Malaysia. IIUM Law Journal, 17 (2). pp. 167-191. ISSN 0128-2530
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KBP Islamic Law KPG Malaysia
spellingShingle	K Law (General) KBP Islamic Law KPG Malaysia Ibrahim, Badruddin Acceptance (qabul) and taking possession (qabd) of hibah under Islamic law and the decision of the Syariah Courts in Malaysia
description	One of the important components in the creation of contract in Islamic law, apart from the contracting parties ('aqidan) and subject matter of contract (mahal al-'aqd), is formation (sighah). It consists of two essential elements i.e. offer (ijab) and acceptance (qabul). The absence of formation will render the contract invalid and imperfect. Nevertheless, in the case of hibah as it is a kind of contract of charity (tabarru'), the issue arises as to whether the element of acceptance is required in order to constitue a valid hibah. Added to this is the issue of whether hibah is completed and ownership of property transferred to the recipient as is the case with other types of contract when all of the above three components of contract and their requirements are fulfilled. This study examines issues relating to these two important matters of hibah, since disputes among parties in the Syariah Courts of Malaysia mostly involve these. The examination focuses on the positions of Muslim jurists of the four well-known schools of law, i.e. Shafi'i, Hanafi, Maliki and Hanbali, on the issues. In addition, as the law of hibah for Muslims in Malaysia is mostly uncodified, the study also examines the law that has been applied by various Syariah Courts in Malaysia regarding these issues, especially whether their decisions are solely based on the law according to the school of Shafi'i. This is in order to find out an acceptable set of rules that could govern the creation of a valid and perfect hibah.
format	Article
author	Ibrahim, Badruddin
author_facet	Ibrahim, Badruddin
author_sort	Ibrahim, Badruddin
title	Acceptance (qabul) and taking possession (qabd) of hibah under Islamic law and the decision of the Syariah Courts in Malaysia
title_short	Acceptance (qabul) and taking possession (qabd) of hibah under Islamic law and the decision of the Syariah Courts in Malaysia
title_full	Acceptance (qabul) and taking possession (qabd) of hibah under Islamic law and the decision of the Syariah Courts in Malaysia
title_fullStr	Acceptance (qabul) and taking possession (qabd) of hibah under Islamic law and the decision of the Syariah Courts in Malaysia
title_full_unstemmed	Acceptance (qabul) and taking possession (qabd) of hibah under Islamic law and the decision of the Syariah Courts in Malaysia
title_sort	acceptance (qabul) and taking possession (qabd) of hibah under islamic law and the decision of the syariah courts in malaysia
publisher	International Islamic University Malaysia
publishDate	2009
url	http://irep.iium.edu.my/8922/ http://irep.iium.edu.my/8922/1/2009_-_Acceptance_%28qabul%29_and_taking_possession_%28qabd%29_of_hibah_under_Islamic_Law_and_the_decision_of_the_Syariah_Courts_in_Malaysia.pdf
first_indexed	2023-09-18T20:18:44Z
last_indexed	2023-09-18T20:18:44Z
_version_	1777407963017773056

Acceptance (qabul) and taking possession (qabd) of hibah under Islamic law and the decision of the Syariah Courts in Malaysia

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