Flexibility of the Application of Various Islamic Schools of Thought in Some Issues Relating to Hibah; Study on Provisions In Malaysian Law and Other Countries

Abstract

Hibah is a form of gift in the same category as hadiyyah and sadaqah. The article attempts to elaborate the con- cept of hibah in terms of its validity in the case of apos- tasy of the giver, its conditions and implementation pertaining to al-Mu’atah, al-Qadb and Marad al-Maut in several Islamic countries. The article also covers the withdrawal of hibah and its legal procedures and im- plications. In the elaboration, cases are cited to indicate the implication and related problems.