Application of hibah umra and ruqba in joint tenancy with right of survivorship: an analysis
Umra and Ruqba are the two well known forms of donation of pre-Islamic period.Umra means donating something after making it contingent to the life of beneficiary. Once the beneficiary dies the donation will be expired and the donated object returns back to the donor. Ruqba means donating somethin...
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| Main Authors: | , , , |
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| Format: | Conference or Workshop Item |
| Language: | English English |
| Published: |
2018
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/1543/1/FH03-FESP-18-17542.pdf http://eprints.unisza.edu.my/1543/2/FH03-FESP-18-17543.pdf http://eprints.unisza.edu.my/1543/ |
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| Institution: | Universiti Sultan Zainal Abidin |
| Language: | English English |
| Summary: | Umra and Ruqba are the two well known forms of donation of pre-Islamic period.Umra
means donating something after making it contingent to the life of beneficiary. Once the
beneficiary dies the donation will be expired and the donated object returns back to the donor.
Ruqba means donating something subject to the survivorship of the other party. Thus,
whoever survives upon demise of the other party, the donated object goes to his possession
and consequently to his heirs. They are valid in Islamic law with the condition that the
donated object should not be returned back to the donor.This paper strives to investigate the
application of umra and ruqba donations into the joint tenancy with right of survivorship.
Joint tenancy with right of survivorship refers to a legal arrangement whereby two or more
parties jointly own a property with equal rights and responsibilities, provided that if one of
them dies his portion in the property will be shifted to the possession of other survivors
without any further legal action. The paper follows a qualitative method of analysis and
investigation through relevant literatures.The paper posits that umra and ruqba donations are
applicable to the joint tenancy arrangement, since they are basically the forms of hibah with
the condition that whoever survives takes over the property. It concludes that joint tenancy
arrangement with umra and ruqba secures the public wellbeing (maslahah) and implements
the noble objectives of the shari’ah (maqasid al-shari’ah). Joint tenancy with umra and ruqba
ensures that he or she does not lose the roof if another party dies. |
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