Vagueness in The Hibah Amanah

Abstract

Products with the concept of hibah amanah are growing in the Muslim property planning industry in the country. Hibah amanah is an alternative mechanism for Muslims to plan and manage property division effectively. However, there is confusion in the community about the implementation of this product. Therefore, this study aims to analyze the confusions that often arise in the community about hibah amanah products. This study is qualitative research based on a narrative study. The data was collected from articles related to hibah amanah. All articles were analyzed using content analysis to achieve the objectives of the study. The results of the study found that there is confusion in the hibah amanah product, especially regarding the concept of hibah and trust used, namely aqad hibah ruqba, the stipulation in aqad hibah, ownership and delivery of goods, acceptance after death, hibah in secured property, aqad in trust, acceptance of wages in trusts and combinations of trust contracts in aqad hibah. Therefore, there needs to be a specific study to look at this problem through the lens of Islamic law so that commercialized hibah amanah products can be made and applied by the community without any doubt.