Keperluan Deklarasi Hibah dan Kekangannya dalam Perancangan Harta Orang Islam

Abstract

Kata kunci: hibah, deklarasi, kelemahan, perancangan, undang-undang. The awareness of the Muslim community plans through hibah instruments while living is increasingly encouraging.This can be proved by the increase in cases related to hibah in the Syariah Court. Hibah is also argued to be an effective instrument in dealing with estate related problems including increased frozen property. However, there are some weaknesses in the hibah declaration that could affect the rights of the relevant parties. This study aims to analyze weaknesses and constraints in the declaration of hibah through documents implemented.Data collection and document analysis methods used for this study include primary and secondary data such as books, articles related to hibah documents, journals on law and data from Trust Companies.The finding of this study indicates that there are some weaknesses in the declaration of hibah which need to be addressed from time to time. The enactment of hibah laws in future should take into account the provision of Islamic and local laws in order to avoid any conflicts and disputes.