Implikasi Marad Al-Mawt Ke Atas Akad Hibah

Abstract

Planning and managing property is highly encouraged practice in Islam to guarantee the well-being of one's life, family, race and Islamic community. Hibah is one form of instruments that is able to meet the owner's desires in planning property disposal to an individual or other trusted party during lifetime instead of instruments of wakaf and donation. However, marad al-mawt has become one of hindrance that can cause hibah unable to be implemented as desired by the owner of the property. What is meant by marad al-mawt and how fuqaha's views in discussing this issue? Thus, the purpose of this article is to discuss on the characteristics of marad al-mawt from the perspective of fuqaha and the written laws in Malaysia. The perspective and argument of fuqaha are analysed to identify the implications of marad al-mawt on hibah agreement that has been done by the owner of the property and the advantages beyond the mentioned limitation. The research has discovered that Islam has stated hibah as one of the instruments in property planning and management to fulfil the needs of hifz al-mal. It needs to be implemented when the owner of the property is deemed to be fit physically and mentally. The restriction of hibah during marad al-mawt will cause the hibah solemnization to subjected to the rules of wasiat in order to preserve the rights of the descendants of the inherited property as it is in line with the needs of hifz al-mal in maqasid syar'iah. Keywords: Hibah, will, marad al-mawt, property planning and management, hifz al-mal.