Hibah umra and ruqba in islamic law: a legal analysis
Hibah umra and ruqba are the two forms of donation the Arabs were dealing with that in pre-Islamic period. It is apparently said that majority of the Muslim jurists are of the opinion that, the temporary or conditional hibah such as umra and ruqba are considered valid but the conditions are consi...
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| Main Authors: | , , |
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| Format: | Conference or Workshop Item |
| Language: | English English English |
| Published: |
2018
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/1607/1/FH03-FESP-18-16186.pdf http://eprints.unisza.edu.my/1607/2/FH03-FESP-18-16187.pdf http://eprints.unisza.edu.my/1607/3/FH03-FESP-18-16188.pdf http://eprints.unisza.edu.my/1607/ |
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| Institution: | Universiti Sultan Zainal Abidin |
| Language: | English English English |
| Summary: | Hibah umra and ruqba are the two forms of donation the Arabs were dealing with
that in pre-Islamic period. It is apparently said that majority of the Muslim jurists
are of the opinion that, the temporary or conditional hibah such as umra and ruqba
are considered valid but the conditions are considered void. However, there are
some stands which opine otherwise. Hence, this research sets out to make a legal
study on this issue. The study follows the analytical method. The objective of this
paper is to develop the principles and applications of these forms of hibah, ensuring
the public wellbeing that conforms to the maqasid al-shari’ah. The research posits
that these types of hibah could be the underlying ground for the survivorship
principle in the joint tenancy arrangement. Moreover, it also could be one step
forward to solve the ownership and hibah issues of the family takaful benefit. |
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