ARE PARENTS FREE TO BESTOW THEIR WEALTH ONTO THEIR CHILDREN? A JURISTIC DISCOURSE ON EQUALITY AND JUSTICE IN HIBAH

Authors

  • Abdul Bari Awang International Islamic University Malaysia, Malaysia
  • Amilah Awang Abd Rahman International Islamic University Malaysia, Malaysia

Keywords:

gift (hibah), justice, wealth redistribution, Islamic law

Abstract

This study explores issues related to justice in the bestowal of gifts (hibah) by parents to their children. Hibah, in the current development, is practised freely to the extent of being considered a favourite choice of transferring wealth. However, it is a potentially problematic practice because it opens up to preferential and unjust treatment. This paper aims to respond to some questions related to justice. How far does the principle of justice affect hibah? To which extent is it permissible to distribute property and wealth unequally among one’s children? What is the meaning of just distribution between male and female children? Are there special criteria prescribed that justify unequal distribution of hibah among children? These issues are discussed in reference to established views of classical as well as contemporary Muslim jurists.

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Published

2014-09-01

How to Cite

Awang, A. B., & Awang Abd Rahman, A. (2014). ARE PARENTS FREE TO BESTOW THEIR WEALTH ONTO THEIR CHILDREN? A JURISTIC DISCOURSE ON EQUALITY AND JUSTICE IN HIBAH. Jurnal Syariah, 22(3), 407–426. Retrieved from http://ojie.um.edu.my/index.php/JS/article/view/8095

Issue

Vol. 22 No. 3 (2014): Jurnal Syariah

Section

Articles

License

Creative Commons License

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