HIBAH DENGAN SYARAT BALASAN MENURUT PANDANGAN FUQAHA DAN KEDUDUKANNYA DALAM UNDANG-UNDANG SIVIL JORDAN

Conditional Hibah in Favour According to The Opinions of Islamic Jurists and Its Position in The Civil Law of Jordan

Authors

  • Noor Lizza Mohamed Said National University of Malaysia, Malaysia
  • Mohd. Ridzuan Awang National University of Malaysia, Malaysia
  • Amir Husin Mohd Nor National University of Malaysia, Malaysia

Keywords:

Conditional hibah in favour, the civil law of Jordan, Islamic property, bequest product, hibah transaction

Abstract

Conditional hibah (bequest) in favour has become a popular product in Malaysia with a market that is growing in tandem with the rapid development of the nation’s Muslim estate planning industry. Such products with the underlying conditional hibah principle need to be viewed in terms of the law, type of contract and impact on the contracting parties. However, written laws of conditional hibah in favour are still lacking in Malaysia in contrast with those provided under the Civil Law of Jordan. Therefore, this article aims to examine the views of the Islamic jurists on the conditional hibah in favour and the relevant provisions in the Civil Law of Jordan. Specific written laws for hibah are essential for regulating hibah transactions in the emerging markets so that they are consistent with the sharia principles and meet the demand of the Islamic community in this country.

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Published

2019-08-30

How to Cite

Mohamed Said, N. L., Awang, M. R., & Mohd Nor, A. H. (2019). HIBAH DENGAN SYARAT BALASAN MENURUT PANDANGAN FUQAHA DAN KEDUDUKANNYA DALAM UNDANG-UNDANG SIVIL JORDAN: Conditional Hibah in Favour According to The Opinions of Islamic Jurists and Its Position in The Civil Law of Jordan. Jurnal Syariah, 20(3), 309–328. Retrieved from https://ojie.um.edu.my/index.php/JS/article/view/22618

Issue

Vol. 20 No. 3 (2012): Jurnal Syariah

Section

Articles

License

COPYRIGHT: All rights reserved. Not allowed to be reproduced any part of articles and contents of this journal in any form or by any way, whether electronic, mechanical, photocopying, recording or otherwise without permission in writing from the Chief Editor, Jurnal Syariah.