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The Application Of Hibah In Resolving Islamic Estate Problem In Malaysia: Towards Developing Hibah Enactment
Date Issued
2023-01
Author(s)
Amylia Fuziana binti Azmi
Abstract
In recent years, there has been an increasing interest in studying and promoting hibah
(gifts) as one of the alternatives in Islamic estate planning. However, hibah has been
referred to certain provisions from the various statutes since a specific law on hibah is
yet to be enacted. As such, this thesis aims to explore the existing provisions relating
to hibah and further examines some relevant Syariah and legal issues on the
application of hibah in Malaysia. Furthermore, this thesis also analyses on the two
relevant documents in regard hibah i.e. Brunei Hibah Order 2018 and Bank Negara
Malaysia (BNM) Policy Document 2016 on hibah and further considers what
adaptations are required if a specific Hibah Enactment were to be introduced in
Malaysia. In achieving the objectives of this thesis, the doctrinal analysis is adopted
by analysing the current primary and secondary materials which include Al-Quran,
hadith, statutory provisions, policy document, case law, books, journal articles, fatwa
and newspapers. A semi-structured interview was also conducted to identify and
strengthen the need of enacting a codified hibah law in Malaysia. This thesis revealed
that a codified hibah law could clarify the validity of hibah agreements and effectively
mitigate the issue of frozen assets in Malaysia. Thus, this thesis proposes a codified
hibah law to be implemented, by taking into consideration several laws on wasiat and
wakaf instruments which have been established in some states in this country. At the
end, this thesis puts forward the draft of Hibah Enactment in assisting the legislator to
enact a codified hibah law. It is hoped that the findings of this thesis will be beneficial
to the various agencies such as the religious departments, Syariah Courts, takaful
industries, banking institutions and other agencies related to the application of hibah
instrument.
(gifts) as one of the alternatives in Islamic estate planning. However, hibah has been
referred to certain provisions from the various statutes since a specific law on hibah is
yet to be enacted. As such, this thesis aims to explore the existing provisions relating
to hibah and further examines some relevant Syariah and legal issues on the
application of hibah in Malaysia. Furthermore, this thesis also analyses on the two
relevant documents in regard hibah i.e. Brunei Hibah Order 2018 and Bank Negara
Malaysia (BNM) Policy Document 2016 on hibah and further considers what
adaptations are required if a specific Hibah Enactment were to be introduced in
Malaysia. In achieving the objectives of this thesis, the doctrinal analysis is adopted
by analysing the current primary and secondary materials which include Al-Quran,
hadith, statutory provisions, policy document, case law, books, journal articles, fatwa
and newspapers. A semi-structured interview was also conducted to identify and
strengthen the need of enacting a codified hibah law in Malaysia. This thesis revealed
that a codified hibah law could clarify the validity of hibah agreements and effectively
mitigate the issue of frozen assets in Malaysia. Thus, this thesis proposes a codified
hibah law to be implemented, by taking into consideration several laws on wasiat and
wakaf instruments which have been established in some states in this country. At the
end, this thesis puts forward the draft of Hibah Enactment in assisting the legislator to
enact a codified hibah law. It is hoped that the findings of this thesis will be beneficial
to the various agencies such as the religious departments, Syariah Courts, takaful
industries, banking institutions and other agencies related to the application of hibah
instrument.