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Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah

This study explores issues related to justice in the bestowal of gifts (hibah) by parents to their children. Hibah, in the current development, is practiced freely to the extent of being considered a favourite choice of transferring wealth. However, it is a potentially problematic practice because i...

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Main Authors: Awang, Abdul Bari, Awang Abd. Rahman @ Jusoh, Amilah
Format: Article
Language:English
Published: Universiti Malaya 2014
Subjects:
KBP Islamic Law
Online Access:http://irep.iium.edu.my/41906/1/Jurnal_Syariah.pdf
http://irep.iium.edu.my/41906/
http://e-journal.um.edu.my/publish/JS/
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spelling my.iium.irep.41906 http://irep.iium.edu.my/41906/ Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah Awang, Abdul Bari Awang Abd. Rahman @ Jusoh, Amilah KBP Islamic Law This study explores issues related to justice in the bestowal of gifts (hibah) by parents to their children. Hibah, in the current development, is practiced freely to the extent of being considered a favourite choice of transferring wealth. However, it is a potentially problematic practice because it opens up to preferential and unjust treatment. This paper aims to respond to some questions related to justice. How far does the principle of justice affect hibah? To which extent is it permissible to distribute property and wealth unequally among one’s children? What is the meaning of just distribution between male and female child? Are there special criteria prescribed that justify unequal distribution of hibah among children? These issues are discussed in reference to established views of classical as well as contemporary Muslim jurists. Key words: Gift (hibah), justice, unequal wealth redistribution, Islamic law. Universiti Malaya 2014-09-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/41906/1/Jurnal_Syariah.pdf Awang, Abdul Bari and Awang Abd. Rahman @ Jusoh, Amilah (2014) Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah. Jurnal Syariah, 22 (3). pp. 407-426. ISSN 0128-6730 http://e-journal.um.edu.my/publish/JS/
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic KBP Islamic Law
spellingShingle KBP Islamic Law
Awang, Abdul Bari
Awang Abd. Rahman @ Jusoh, Amilah
Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah
description This study explores issues related to justice in the bestowal of gifts (hibah) by parents to their children. Hibah, in the current development, is practiced freely to the extent of being considered a favourite choice of transferring wealth. However, it is a potentially problematic practice because it opens up to preferential and unjust treatment. This paper aims to respond to some questions related to justice. How far does the principle of justice affect hibah? To which extent is it permissible to distribute property and wealth unequally among one’s children? What is the meaning of just distribution between male and female child? Are there special criteria prescribed that justify unequal distribution of hibah among children? These issues are discussed in reference to established views of classical as well as contemporary Muslim jurists. Key words: Gift (hibah), justice, unequal wealth redistribution, Islamic law.
format Article
author Awang, Abdul Bari
Awang Abd. Rahman @ Jusoh, Amilah
author_facet Awang, Abdul Bari
Awang Abd. Rahman @ Jusoh, Amilah
author_sort Awang, Abdul Bari
title Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah
title_short Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah
title_full Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah
title_fullStr Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah
title_full_unstemmed Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah
title_sort are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah
publisher Universiti Malaya
publishDate 2014
url http://irep.iium.edu.my/41906/1/Jurnal_Syariah.pdf
http://irep.iium.edu.my/41906/
http://e-journal.um.edu.my/publish/JS/
_version_ 1643616820432732160
score 13.211869

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