The concept of conditional “Hibah” and its application in property planning

• Main Author: Muhamad, Nasrul Hisyam Nor
• Format: Article
• Language: English
• Published: Penerbit UTM Press 2017
• Subjects: BP Islam. Bahaism. Theosophy, etc
• Online Access: http://eprints.utm.my/id/eprint/80405/1/NasrulHisyamNorMuhamad2017_TheConceptofConditionalHibah.pdf; http://eprints.utm.my/id/eprint/80405/; https://dx.doi.org/10.11113/umran2017.4n3-1.251
• Institution: Universiti Teknologi Malaysia

The ‘gift with conditions’ has become one of the increasingly popular products in property planning industry in Malaysia. The article aims to analyze the position of the ‘gift with conditions’ based on the perspective of Islamic law and also its applications as well as the potential of using that concept in property planning. In addition, this article also discusses the issues arising from its application. This study is qualitative and uses a content analysis approach. From the whole discussion in this study, it is concluded that the ‘gift with conditions’ has its own position in Islamic law in Malaysia. This concept are seen to have the potential to be an effective instrument in property planning, as the ‘gift with conditions’ are more flexible and unlimited as in faraid and will.