Hibah (Gift inter vivos) by Parent in Favour of Some Children to the Exclusion of the Others under Islamic Law

Abstract

This study examines issues arising from gift giving (hibah) by a parent to one or more of his/her children to the exclusion of the others under Islamic law in general and as applied to Muslims in Malaysia in particular. Does a parent have an absolute right to dispose of property to his/her children by means of hibah without concern for fairness to the other children? Is hibah a valid and acceptable practice in a modern Muslim society? Is the core issue one of an individual’s absolute property rights or is it restrained by the principle of fairness in dealing with properties? This study will attempt to provide a right and acceptable guidance with respect to the disposal of property to children by means of hibah.

Legislative provisions forwaṣiyyah wājibahin Malaysia and Indonesia: to what extent do they differ in practice?

“…The state enactments only provide for general matters related to the Shariah High Court ( Mahkamah Tinggi Syariah ) in dealing with WW based on Section 46(2)(b)(v), Jurisdiction of Shariah High Court ( Bidang Kuasa Mahkamah Tinggi Syariah ). In addition, these states will refer to Islamic legal sources for WW validation as provided in Section 245(2), Shariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585) (Ibrahim, 2017). This paper compares these six enactments for each state reflecting the WW practice in Malaysia through seven themes, as shown in Table 1.…”

Unequal Intervivos Within The Islamic Context

“…Generally, Islamic inter vivos or hibah aims to transfer the wealth for affectionate purposes among Muslims and assist those whore are in need (Md Razak et al, 2015). Hukm for hibah is recommended (mandub) (Awang & Abd Rahman, 2014;Ibrahim, 2017…”

“…In Islam, inter vivos is similar to hibah within the concept of transferring wealth during lifetime. However, hibah puts some constraint as the gift must be in line with the Shariah concepts which emphasize justice elements and avoid disputes among children (Abdul Rashid & Ahmad, 2013;Ibrahim, 2017;Othman, Mohamed Said, Muda, & Nor Muhamad, 2017). It is based on the Hadith of Prophet Muhammad (p.b.u.h) who ordered that hibah to children must be given equally and not be given to certain or preferred children only.…”

A Bibliometric Analysis of Hibah-Related Studies

“…This outcome might be attributed to the experts' preferred writing using the Malay language preferring to publish in their language and found it difficult to publish in SCOPUS and WoS databases as the number of journals that accept the Malay language is limited. ii) Research Area In the modern era, studies on hibah involve several aspects such as banking (Nor Muhamad, 2010), legal law (Ibrahim, 2017;Markom & Arif, 2022;Said et al, 2013), takaful (Rahman et al, 2022) and few more. Generally, this trend indicates that the hibah studies are being covered in wide coverage.…”