In Malaysia, Muslim converts (Muallaf) face certain difficulties including restrictions in inheritance. In this regard,Islam provides that the property of Muslims shall be inherited by Muslim heirs only. In other words, the general principle provides that non-Muslim heirs have no right in inheritance to property that belonging to Muslims. By taking into consideration the status and rights of family members of Muallaf in Malaysia, hibah is categorized as an alternative method of distribution, in addition to wasiat and other methods. In recent years, there has been an increasing interest in studying and promoting hibah (inter vivos gift) as one of the alternatives in distributing someone’s wealth, in addition to other methods. This paper applies a doctrinal legal research methodology where data collection involves primary and secondary sources which include Al-Quran, hadith, journal articles, constitution, statutes and case law. This study seeks to identify the extent hibah applies as an alternative to resolve the inheritance issue among the Muallaf and to provide some recommendations in proposing hibah law to be enacted in resolving this issue in Malaysia. To date, none of the authors has studied in detail drafting of hibah law to be enacted for resolving the inheritance issue concerning Muallaf in this country. This study discovers that a specific law on hibah could clarify its position and application in Malaysia where it can further be used as an alternative to resolve inheritance conflict affecting the heirs, especially non-Muslim, of Muallaf. Furthermore, it may also benefit various agencies such as religious departments, Shariah Court and other relevant agencies to preserve the rights of Muallaf in regard to their inheritance issues.

In 2020, statistic reveals that a total number of 30 hibah cases have been registered in the Negeri Sembilan Syariah Courts. Interestingly, the total number of cases registered this year has decreased as compared to 51 cases for the previous year. This study analyses on the jurisdictions of the Syariah Courts in deciding hibah cases in Negeri Sembilan by taking into a consideration the recent outbreak of Covid-19. This study investigates the impacts of the Covid-19 pandemic on the number of hibahcases brought before the Syariah Courts in the state of Negeri Sembilan. For this purpose, this study applies a doctrinal legal approach where the data collection is based on a library-based research and the statistical data collected from Negeri Sembilan Syariah Courts. Analysis was done on several important cases concerning the jurisdiction of the courts. This study discovers that the Covid-19 pandemic has an effect on the number of registered and resolved cases pertaining to hibah in Negeri Sembilan Syariah Courts. This study recommends that electronic method such as e-proceeding to be fully implemented so as to enable the public to access the court easily. It is hoped that findings of this study will shed light on the issue of jurisdictions concerning hibah and beneficial in providing clear and precise information on the jurisdiction of the Syariah Courts in deciding hibah matters.

In recent years, there has been increasing interest in the study and promotion of hibah (gifts) as one of the alternatives in Islamic estate planning. This paper aims to shed light on the instrument of hibah as an alternative payment for nafkah (alimony) to the wife as security for maintaining the widow’s claim to the husband’s property after the husband's death. This study adopts a doctrinal approach as it requires an examination of the legislation relating to hibah and nafkah based on several legal provisions from the various statutes in Malaysia. This approach is important to clarify the current and existing legal provisions relating to hibah and nafkah from the various statutes as a specific hibah and nafkah law has not yet been enacted in Malaysia. Finally, this study is also based on library-based research where the data were collected from primary and secondary sources. Overall, this study provides valuable information on the existing legal provisions on hibah and nafkah in Malaysia and makes some important recommendations to safeguard the rights of women in property distribution, especially widows. It takes into account that Islam encourages the practise of systematic estate planning to ensure the rights of heirs to the deceased’s assets. The findings of this study will raise awareness of the need for proper wealth planning by the hibah for women, which will ultimately benefit widows after the death of their husbands.