Hibah in the administration of Islamic property: ijtihadi elements and reality in Malaysia
A guarantee of successful life in this world and the hereafter would be achieved if Muslims live according to Islamic principles and teachings. Property and power that are entrusted to men by Allah SWT ought to be judiciously administered based on Islamic precepts. In brief, the administration of Is...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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UUM College of Law, Government and International Studies
2019
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| Subjects: | |
| Online Access: | https://repo.uum.edu.my/id/eprint/26832/1/UUMJLS%2010%202%202019%20103-119.pdf |
| _version_ | 1825805543836483584 |
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| author | Azhar, Alias Md Nor, Mohd Zakhiri |
| author_facet | Azhar, Alias Md Nor, Mohd Zakhiri |
| author_sort | Azhar, Alias |
| collection | UUM |
| description | A guarantee of successful life in this world and the hereafter would be achieved if Muslims live according to Islamic principles and teachings. Property and power that are entrusted to men by Allah SWT ought to be judiciously administered based on Islamic precepts. In brief, the administration of Islamic property aims to achieve hasanah (goodness) not only here but also the hereafter. Islam, as a complete way of life, has outlined the absolute guidance on property administration through a systematic law, i.e. the Islamic law of inheritance by means of wasiat (will), hibah (gift inter vivos) and waqf (charity). This article focused on the instrument of hibah under the administration of Islamic property and this includes comparisons of its principles and the reality of its application in Malaysia. Hibah is an element of the distribution of assets as drawn under the Islamic concept of managing property. Its concept, application and implementation need to be intensely understood. It has been occasionally observed that disputes would take place after the demise of the donor (the person who had exercised hibah) which complicates the distribution of the assets. Therefore, if this instrument is exercised differ entry between institutions but effectively and cautiously in line with the Islamic rules and principles, the rights of those entitled would be certainly safeguarded. |
| first_indexed | 2024-07-04T06:34:03Z |
| format | Article |
| id | uum-26832 |
| institution | Universiti Utara Malaysia |
| language | English |
| last_indexed | 2024-07-04T06:34:03Z |
| publishDate | 2019 |
| publisher | UUM College of Law, Government and International Studies |
| record_format | eprints |
| spelling | uum-268322020-02-24T00:37:46Z https://repo.uum.edu.my/id/eprint/26832/ Hibah in the administration of Islamic property: ijtihadi elements and reality in Malaysia Azhar, Alias Md Nor, Mohd Zakhiri KZ Law of Nations A guarantee of successful life in this world and the hereafter would be achieved if Muslims live according to Islamic principles and teachings. Property and power that are entrusted to men by Allah SWT ought to be judiciously administered based on Islamic precepts. In brief, the administration of Islamic property aims to achieve hasanah (goodness) not only here but also the hereafter. Islam, as a complete way of life, has outlined the absolute guidance on property administration through a systematic law, i.e. the Islamic law of inheritance by means of wasiat (will), hibah (gift inter vivos) and waqf (charity). This article focused on the instrument of hibah under the administration of Islamic property and this includes comparisons of its principles and the reality of its application in Malaysia. Hibah is an element of the distribution of assets as drawn under the Islamic concept of managing property. Its concept, application and implementation need to be intensely understood. It has been occasionally observed that disputes would take place after the demise of the donor (the person who had exercised hibah) which complicates the distribution of the assets. Therefore, if this instrument is exercised differ entry between institutions but effectively and cautiously in line with the Islamic rules and principles, the rights of those entitled would be certainly safeguarded. UUM College of Law, Government and International Studies 2019-07 Article PeerReviewed application/pdf en https://repo.uum.edu.my/id/eprint/26832/1/UUMJLS%2010%202%202019%20103-119.pdf Azhar, Alias and Md Nor, Mohd Zakhiri (2019) Hibah in the administration of Islamic property: ijtihadi elements and reality in Malaysia. UUM Journal of Legal Studies, 10 (2). pp. 103-119. ISSN 2229-984X http://www.uumjls.uum.edu.my/index.php/previous-issues/161-uum-journal-of-legal-studies-jls-vol-10-2-2019#a5 |
| spellingShingle | KZ Law of Nations Azhar, Alias Md Nor, Mohd Zakhiri Hibah in the administration of Islamic property: ijtihadi elements and reality in Malaysia |
| title | Hibah in the administration of Islamic property: ijtihadi elements and reality in Malaysia |
| title_full | Hibah in the administration of Islamic property: ijtihadi elements and reality in Malaysia |
| title_fullStr | Hibah in the administration of Islamic property: ijtihadi elements and reality in Malaysia |
| title_full_unstemmed | Hibah in the administration of Islamic property: ijtihadi elements and reality in Malaysia |
| title_short | Hibah in the administration of Islamic property: ijtihadi elements and reality in Malaysia |
| title_sort | hibah in the administration of islamic property ijtihadi elements and reality in malaysia |
| topic | KZ Law of Nations |
| url | https://repo.uum.edu.my/id/eprint/26832/1/UUMJLS%2010%202%202019%20103-119.pdf |
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