FAKTOR PEMBERIAN HIBAH MENURUT PERSPEKTIF PENTADBIR TANAH (FACTORS OF GRANTING HIBAH FROM THE LAND ADMINISTRATION'S PERSPECTIVE)

Abstract

Hibah through transfer the ownership of land is a regular practice among Muslims in Malaysia. Transfer the ownership of land can be completed in the Land Office by using Form 14A. However, there are many disagreements among the heirs towards the equality of transfer ownership as many cases concerning the validity and the withdrawal of the hibah in court. So the question arises, how the selection of beneficiaries by the grantors for their property. Therefore, the aim of this study is to identify transfer of the land ownership, according to the Land Administrator perspective. This study applies a qualitative approach in which semi-structured interviews with Land Administrator was conducted. The results indicates that parents transfer his/her land to the children as to avoid property is distributed according to the law of inheritance  and help their  children due to economic constraints.