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


Islamic Intervivos Law Challenges in Malaysia

Author(s): Nasrul Hisyam Nor Muhamad, Mohd Khairy Kamarudin, Abdul Hafiz Abdullah, Nawal Sholehuddin, Mohd Firdaus Abdul Hamid, Ihsan Muhidin, Kamaliah Abdul Karim

The effects of unclaimed inheritance estate problems lead to the expansion of transfer during lifetime practice or hibah (Islamic inter vivos). Hibah enables the heirs to acquire donor’s wealth and it is not subjected to inheritance estate management after the death of donor. The practice of hibah has evolved from the traditional method of giving which is a direct transfer through Form 14A at the land office to contemporary methods of giving via trust hibah. However, due to limited Malaysian legislation regarding the hibah practice, there are numerous disputes among heirs or related parties. Hence, this study proposes a comprehensive hibah law to explain substantive jurisdictions strengthen Syariah Court and act as references to the Islamic estate planners.

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