Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Acceptance of Actual Possession Methods Based on Islamic Intervivos Cases in Malaysia

Author(s): Nurul Syuhadah Azalan, Noor Lizza Mohamed Said

Hibah or Islamic inter vivos is a transfer of property ownership during the life of the donor to the donee of the property desired by the donor. Perfect ownership of the Islamic intervivos where with the donor's approval, the donee receives and manages the property. Various ways in which the community manages or make an actual possession to the property are used. However in the National Land Code 1965, which is via Form 14A, there is only one way of an actual possession given. The question arises about actual possession make by donee, which does not proceed through form 14A. Therefore, through the study of Islamic intervivos cases, the common practice of the community in Malaysia is obtained. The absence of Islamic intervivos specific law requires a review of the judge's judgment to determine the method of domination accepted actual possession practice hibah in court.

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