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“I want to withdraw my hibah”: why and how to explain it?

Hibah or Islamic intervivos plays a vital role in reducing unclaimed inheritance estate problems, aiding recipients, and expecting recipients’ care. However, there are cases of withdrawn hibah that have been argued in the court. This study was performed to understand this problem by interviewing hib...

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Main Authors: Kamarudin, Mohd. Khairy, Nor Muhamad, Nasrul Hisyam, Alma'amun, Suhaili, Ganti, Norhaifa
Format: Article
Language:English
Published: University of Management and Technology 2022
Subjects:
BP Islam. Bahaism. Theosophy, etc
H Social Sciences (General)
Online Access:http://eprints.utm.my/id/eprint/98489/1/MohdKhairyKamarudin2022_IWanttoWithdrawmyHibahWhyandHow.pdf
http://eprints.utm.my/id/eprint/98489/
http://dx.doi.org/10.32350/jitc.121.04
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spelling my.utm.984892023-01-11T03:31:15Z http://eprints.utm.my/id/eprint/98489/ “I want to withdraw my hibah”: why and how to explain it? Kamarudin, Mohd. Khairy Nor Muhamad, Nasrul Hisyam Alma'amun, Suhaili Ganti, Norhaifa BP Islam. Bahaism. Theosophy, etc H Social Sciences (General) Hibah or Islamic intervivos plays a vital role in reducing unclaimed inheritance estate problems, aiding recipients, and expecting recipients’ care. However, there are cases of withdrawn hibah that have been argued in the court. This study was performed to understand this problem by interviewing hibah experts in Malaysia. Thematic analysis was applied to find an overview of why donors withdraw their hibah by interviewing 19 respondents who are hibah experts in Malaysia. There were two main themes which were ‘Donor’s desire’ and ‘Recipient’s attitude.’ ‘Donor’s desire’ can be understood by the desire of donor to get benefits from the property that has been perfectly transferred or if the donor still resides on the property. Meanwhile, ‘Recipient’s attitude’ describes a change in recipients’ attitude such as ignoring and expelling the donors from the transferred property. The recipients also might sell the transferred property. This reason leads to donors wanting to withdraw their hibah. This study’s findings recommend that absolute hibah needs to be replaced with hibah legal documentation or living trust. These types of hibah are recognized by Sharī‘ah and Civil law and enable the donors to withdraw their hibah during lifetime. This study is the first attempt to discuss profoundly withdrawn hibah in qualitative approach. The paper offers an additional study on hibah practice in Malaysia. University of Management and Technology 2022-06 Article PeerReviewed application/pdf en http://eprints.utm.my/id/eprint/98489/1/MohdKhairyKamarudin2022_IWanttoWithdrawmyHibahWhyandHow.pdf Kamarudin, Mohd. Khairy and Nor Muhamad, Nasrul Hisyam and Alma'amun, Suhaili and Ganti, Norhaifa (2022) “I want to withdraw my hibah”: why and how to explain it? Journal of Islamic Thought and Civilization, 12 (1). pp. 75-95. ISSN 2075-0943 http://dx.doi.org/10.32350/jitc.121.04 DOI:10.32350/jitc.121.04
institution Universiti Teknologi Malaysia
building UTM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Malaysia
content_source UTM Institutional Repository
url_provider http://eprints.utm.my/
language English
topic BP Islam. Bahaism. Theosophy, etc
H Social Sciences (General)
spellingShingle BP Islam. Bahaism. Theosophy, etc
H Social Sciences (General)
Kamarudin, Mohd. Khairy
Nor Muhamad, Nasrul Hisyam
Alma'amun, Suhaili
Ganti, Norhaifa
“I want to withdraw my hibah”: why and how to explain it?
description Hibah or Islamic intervivos plays a vital role in reducing unclaimed inheritance estate problems, aiding recipients, and expecting recipients’ care. However, there are cases of withdrawn hibah that have been argued in the court. This study was performed to understand this problem by interviewing hibah experts in Malaysia. Thematic analysis was applied to find an overview of why donors withdraw their hibah by interviewing 19 respondents who are hibah experts in Malaysia. There were two main themes which were ‘Donor’s desire’ and ‘Recipient’s attitude.’ ‘Donor’s desire’ can be understood by the desire of donor to get benefits from the property that has been perfectly transferred or if the donor still resides on the property. Meanwhile, ‘Recipient’s attitude’ describes a change in recipients’ attitude such as ignoring and expelling the donors from the transferred property. The recipients also might sell the transferred property. This reason leads to donors wanting to withdraw their hibah. This study’s findings recommend that absolute hibah needs to be replaced with hibah legal documentation or living trust. These types of hibah are recognized by Sharī‘ah and Civil law and enable the donors to withdraw their hibah during lifetime. This study is the first attempt to discuss profoundly withdrawn hibah in qualitative approach. The paper offers an additional study on hibah practice in Malaysia.
format Article
author Kamarudin, Mohd. Khairy
Nor Muhamad, Nasrul Hisyam
Alma'amun, Suhaili
Ganti, Norhaifa
author_facet Kamarudin, Mohd. Khairy
Nor Muhamad, Nasrul Hisyam
Alma'amun, Suhaili
Ganti, Norhaifa
author_sort Kamarudin, Mohd. Khairy
title “I want to withdraw my hibah”: why and how to explain it?
title_short “I want to withdraw my hibah”: why and how to explain it?
title_full “I want to withdraw my hibah”: why and how to explain it?
title_fullStr “I want to withdraw my hibah”: why and how to explain it?
title_full_unstemmed “I want to withdraw my hibah”: why and how to explain it?
title_sort “i want to withdraw my hibah”: why and how to explain it?
publisher University of Management and Technology
publishDate 2022
url http://eprints.utm.my/id/eprint/98489/1/MohdKhairyKamarudin2022_IWanttoWithdrawmyHibahWhyandHow.pdf
http://eprints.utm.my/id/eprint/98489/
http://dx.doi.org/10.32350/jitc.121.04
_version_ 1755872316194029568
score 13.211869

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