Year: 2025
Type: article
Abstract: Hibah is an essential mechanism for wealth transfer in Islamic law, distinct from wills, zakat, and waqf.The 2021 Selangor State Fatwa on Hibah provides structured guidelines for the validity of hibah contracts, particularly regarding conditions imposed within the agreements.This study analyzes ten key fatwas concerning conditions such as hibah taking effect after the donor's death, conditional return of the property (hibah al-'umra), delayed possession (hibah ruqba), and hibah involving pledged or mortgaged assets.The study highlights the alignment of these fatwas with classical and contemporary scholarly opinions, demonstrating a balance between adherence to Islamic jurisprudence and practical financial applications.By examining these conditions and their justifications, the research underscores the fatwa's role in ensuring legal clarity and compliance with shariah principles.The findings contribute to a deeper understanding of conditional hibah and its application in Malaysia, reinforcing its role in financial planning and estate management.This paper serves as a crucial reference for legal practitioners, scholars, and financial institutions involved in Islamic wealth distribution.
Authors: Izzat Muazam Mustafa Kamal, Noor Lizza Mohamed Said
Language: English
Subfield: Accounting
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410125905