Hibah as an alternative mechanism in Muslims assets management: A Study in Melaka Tengah

Mohd Yusof, Yusnita and Ahmad, Asmida (2013) Hibah as an alternative mechanism in Muslims assets management: A Study in Melaka Tengah. South East Asia Journal of Contemporary Business, Economics and Law, 3 (3). pp. 1-5. ISSN 2289 - 1560

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Abstract

Hibah is a transfer of legal and beneficial ownership of the assets from the donor to the beneficiary on volunteer basis. i.e. without valuable consideration and compensation. Further, the proportion of distribution to heirs and non-heirs can be determined by the donor. Most hibah cases are decided by referring to the traditional legal opinions of Muslim scholars. No doubt these has been the practice and position to follow and adhere to the earlier rulings of the traditional scholars by the Syariah courts, however with the evolution and development of new issues and cases in hibah in either the preliminary up to the end of the legal process has contributed to difficulties of the assets distribution. Among others which often arise is that no specific law or enactment of how the hibah cases should be dealt with. Further, with lack of information regarding the procedural law on hibah in the Syariah court has brought to the difficulties in implementing and giving accurate and just decision(s) made by the court as well as the administration and the judiciary wise. This article tries to analyze and ascertain the possible legal and procedural reforms in the application of hibah with emphasis on its application in Melaka Tengah. The study is based on the relevant statutory, statistics on the registered hibah cases in Syariah Courts in Melaka Tengah and views of some authoritative persons in the area. Based on the findings, it revealed that most reported hibah cases were very minimal in which proven that most Muslims did not realized of its existence and importance although it can be the best alternative for them to manage the distribution of their assets rather opt for wasiyyah and faraidh. This discussion is not meant to say that wasiyyah and faraidh is no longer significant in muslim assets management but its practice was a bit hastle with the interference from other institution(s) or parties i.e. confirmation or declaration from state land office, direct or indirect individuals involvement, management issues which contribute to the postponement and lateness resolution to the case(s) which may take years sometimes, as well as the jurisdiction of the courts to hear the case(s). Thus, the significant of this paper is to seek the best route i.e. to have a specific laws and procedural in hibah to address these issues or problems in Melaka Tengah and perhaps it could be extended and implemented to other states in Malaysia. By having a step to a step hibah procedure and clear law to it, somehow it may ease the difficulties and burden of both parties involved. Besides by enacting a specific hibah law, Muslims will be more aware of its existence and roles and opt to manage their assets by using hibah rather than involving themselves into unfortunate problems that may encounter in the future.

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Faculty of Law (FOL)
Depositing User: Ms Suzilawati Abu Samah
Date Deposited: 21 Apr 2015 01:24
Last Modified: 21 Apr 2015 01:24
URI: http://shdl.mmu.edu.my/id/eprint/6005

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