Analisis perundangan dan kes hibah amanah di Malaysia
The tendency of the Muslim community in property planning to use hibah products is increasing. This situation caused Islamic banking and financial institutions as well as companies and estate planning agencies to take the opportunity by introducing various hibah products, among them trust hibah. T...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
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Penerbit Universiti Kebangsaan Malaysia
2023
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| Online Access: | http://journalarticle.ukm.my/21675/1/Mohd-Zamro-IJIT-Vol-23-June-2023-1.pdf |
| _version_ | 1796933473094598656 |
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| author | Mohd Zamro Muda, Nurnazirah Rosdi, Noor Lizza Mohamed Said, |
| author_facet | Mohd Zamro Muda, Nurnazirah Rosdi, Noor Lizza Mohamed Said, |
| author_sort | Mohd Zamro Muda, |
| collection | UKM |
| description | The tendency of the Muslim community in property planning to use hibah products is increasing. This situation caused Islamic banking and financial institutions as well as
companies and estate planning agencies to take the opportunity by introducing various hibah products, among them trust hibah. The trust hibah is a combination of the
principles of hibah and trust. If observed in more detail, the trust hibah is formed through two contracts, namely the hibah contract and the trust contract. Since the trust
hibah is a combination of the principles of hibah and trust, it has given rise to legal controversy because the issue of hibah is under the State jurisdiction and the issue of
trust is under the Federal jurisdiction. Jurisdiction conflicts in trust hibah matters will continue and certainly confusion regarding the exclusive jurisdiction of the Syariah Court in cases related to Muslim property will continue to exist. Thus, this article aims to identify the jurisdiction of the Federal and State in relation to the trust hibah and to examine the cases of trust hibah that have been decided by the Civil Court and Shariah Court. This study is a qualitative study which utilises documents analysis approach in its data collection process. The study found that there are various forms of judgment in the trial of cases related to the trust hibah. Therefore, the parties involved, especially the legislative body, need to resolve this matter by creating a legal enactment or a guideline that is monitored by an authoritative body. This study has an impact on agencies that are directly involved with wealth planning, legal practitioners, the judiciary and further to the community who are competent to choose a trust hibah contract as their wealth planning instrument. |
| first_indexed | 2024-03-06T04:47:45Z |
| format | Article |
| id | ukm.eprints-21675 |
| institution | Universiti Kebangsaan Malaysia |
| language | English |
| last_indexed | 2024-03-06T04:47:45Z |
| publishDate | 2023 |
| publisher | Penerbit Universiti Kebangsaan Malaysia |
| record_format | dspace |
| spelling | ukm.eprints-216752023-06-08T07:45:41Z http://journalarticle.ukm.my/21675/ Analisis perundangan dan kes hibah amanah di Malaysia Mohd Zamro Muda, Nurnazirah Rosdi, Noor Lizza Mohamed Said, The tendency of the Muslim community in property planning to use hibah products is increasing. This situation caused Islamic banking and financial institutions as well as companies and estate planning agencies to take the opportunity by introducing various hibah products, among them trust hibah. The trust hibah is a combination of the principles of hibah and trust. If observed in more detail, the trust hibah is formed through two contracts, namely the hibah contract and the trust contract. Since the trust hibah is a combination of the principles of hibah and trust, it has given rise to legal controversy because the issue of hibah is under the State jurisdiction and the issue of trust is under the Federal jurisdiction. Jurisdiction conflicts in trust hibah matters will continue and certainly confusion regarding the exclusive jurisdiction of the Syariah Court in cases related to Muslim property will continue to exist. Thus, this article aims to identify the jurisdiction of the Federal and State in relation to the trust hibah and to examine the cases of trust hibah that have been decided by the Civil Court and Shariah Court. This study is a qualitative study which utilises documents analysis approach in its data collection process. The study found that there are various forms of judgment in the trial of cases related to the trust hibah. Therefore, the parties involved, especially the legislative body, need to resolve this matter by creating a legal enactment or a guideline that is monitored by an authoritative body. This study has an impact on agencies that are directly involved with wealth planning, legal practitioners, the judiciary and further to the community who are competent to choose a trust hibah contract as their wealth planning instrument. Penerbit Universiti Kebangsaan Malaysia 2023-06 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/21675/1/Mohd-Zamro-IJIT-Vol-23-June-2023-1.pdf Mohd Zamro Muda, and Nurnazirah Rosdi, and Noor Lizza Mohamed Said, (2023) Analisis perundangan dan kes hibah amanah di Malaysia. International Journal of Islamic Thought ( IJIT ), 23 . pp. 79-90. ISSN 2232-1314 http://www.ukm.my/ijit/ |
| spellingShingle | Mohd Zamro Muda, Nurnazirah Rosdi, Noor Lizza Mohamed Said, Analisis perundangan dan kes hibah amanah di Malaysia |
| title | Analisis perundangan dan kes hibah amanah di Malaysia |
| title_full | Analisis perundangan dan kes hibah amanah di Malaysia |
| title_fullStr | Analisis perundangan dan kes hibah amanah di Malaysia |
| title_full_unstemmed | Analisis perundangan dan kes hibah amanah di Malaysia |
| title_short | Analisis perundangan dan kes hibah amanah di Malaysia |
| title_sort | analisis perundangan dan kes hibah amanah di malaysia |
| url | http://journalarticle.ukm.my/21675/1/Mohd-Zamro-IJIT-Vol-23-June-2023-1.pdf |
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