HIBAH

A contract containing the voluntary giving of possession by a person of his

property to another person during his lifetime without return.
 GROUP MEMBER

Nurfarisa Aliah Binti Zaidi (1192246)

Nur Ain Syazani binti Fazale (1192247)
Ain Mawaddah Binti Ahmad Azam (1192255)
Nur Auni Aqilah Binti Awalludin (1192268)

Group: KMA2
 Presentation outline
1) Introduction
2) Objective
3) Legitimacy of hibah
4) Hibah Pillars
5) Terms of hibah
6) Methodology
7) Type of hibah
8) Features of hibah
9) Arrangement of hibah with other contracts or concepts:
~Arrangement of hibah with ijarah contract
~Arrangement of hibah with mudarabah contract
~Arrangement of hibah with musyarakah contract
~Arrangement of hibah with wakalah contract
~Arrangement of hibah with qard contract
10) Application and Implementation of hibah
11) Cancellation of hibah
12) The wisdom of hibah
13) Conclusion
14) References
15) Group picture
 INTRODUCTION
Hibah means gifts either in the form of ain (tangible) or otherwise, be it gifts or charities. These three
terms have the same meaning. The difference is from the aspect of the purpose of giving, where alms is
a gift that is intended to get the reward in the hereafter and it is usually from the rich to the poor, while
a gift is to glorify a person and usually it is related to something. In short, every alm and gift are hibah,
but not all hibah are alms and gifts.

Hibah according to shariah is an agreement which contains the granting of a person’s possession
voluntarily to another person during the time of his life without any consideration (‘iwad). More
specifically , hibah is a grant of property from one party to another without repayment (‘iwad) during
life, voluntarily, not expecting a reward in the hereafter or glorifying someone, using the ijab and qabul.
OBJECTIVE

● To study the use of hibah in accordance with shariah

compliance

● Provide reference shariah rulings applicable to

Hibah

● To study the arrangement of hibah with other contract.

 HIBAH PILLARS

GRANTORS GRANT RECIPIENT GOODS DONATED SIGHAH

 Owner to the Has full power to use

GRANTORS
goods his/her property

TERMS
Jupiter Be eligible to
give the grants
It’s the biggest planet in the
Solar System
 Eligible to receive hibah includes those who are
not mukallaf such as children and people with
intellectual disabilities or the disabled. However,
guardians or trustees may be appointed on their
GRANT behalf

RECIPIENT
TERMS
The grantee exist Can control the gifted
when the grant is property
It’s the biggest planet in the made
Solar System
 Exist when a grant The goods must be

GOODS is made good of value

GRANTED
TERM
Must be from the
property of the
grantor
 GRANT Ijab and qabul

AGREEMENT
(SIGHAH)
TERMS Not terminated
HIBAH FOR ASSETS DISTRIBUTION
The Malaysia's hibah trust
The Conventional Trust
Arrangement of hibah with ijarah contract
Arrangement of hibah with mudarabah contract
Arrangement of hibah with musyarakah contract

A hibah may be arranged alongside with a musyarakah contract where:

gives hibah to
Partner (donor) Partners (recipient)

In relation to above , the hibah must not have the effect of a guarantee of
musyarakah capital or musyarakah profit by the partner who is the donor.
Arrangement of hibah with qard contract
APPLICATION AND
IMPLEMENTATION
1. The grantor fills in the grant application form completely

2. The officer receives the completed form along with the application fee

3. Register into the grant register record

4. Prepare a draft grant declaration document

5. Review the draft grant declaration document

6. An appointment with the grantor and grantee to sign the document

7. Verify the hibah declaration document at the LHDN

8. Implement hibah through transfer in PTG (if applicable)

9. Transfer registration (if applicable)

10. Confirm hibah in syariah court (if applicable)

11. Submit the hibah declaration document to the grantor

12. Keep a copy of the grant declaration document in a locked metal locker

13. Accept cancellation request (if applicable)

 CANCELLATION OF HIBAH
The original law of hibah is to give the implication of prevalent ownership to the recipient of
hibah. Therefore, cancellation of the Hibah is not possible. As in the hadith of Umar bin al-
Khattab r.a. that the Prophet SAW said:

‫فإَّن العائَد في هبِته كالكلِب يعوُد في قيِئه‬

Also the Hadith of the Prophet Muhammad, which says, "The man who takes back
his gift is like theone who swallows back his own vomit.” (Narrated by al-Bukhari)

However, the fuqaha 'provide an exception by requiring the cancellation of hibah from a
father, mother, grandfather or grandmother to his children or grandchildren. This is based
on a hadith from Abdullah bin ‘Abbas r.a. that the Prophet SAW said:

‫ إاَّل الوالَد فيما ُيعِط ي وَلَد ه‬،‫ فَي رِجَع فيها‬، ‫ال َي ِحُّل للرُج ِل أْن ُيعِط َي الَع ِط َّي َة‬

It is not lawful for a man to make a donation or give a gift and then take it back, except a
father regarding what he gives his child (Sunan Abu Dawud )
 CONCLUSION
As a conclusion, we as muslims have to aware the benefit when apply the hibah contract because
hibah is a practice that helps the economy of Muslims and strengthens the bonds of brotherhood and
love among human beings. Other than that, Hibah has also been used as a solution to the grant of
property to non -heirs other than the wasiyyah (bequest) or faraid (succession) systems. Human
beings should be aware that wealth should not be abused and must be managed and be planned
properly, as Allah has laid down very clearly injunctions on how wealth should be acquired and
spent. A concerned Muslim community must give when people are in need, not beg even if they really
want something, generous not stingy, forgiving not vindictive, and always do good deeds based on a
hadith:

‫ وذگ)ر الص)دقة‬،‫ أن رس)ول هللا ﷺ ق)ال وه)و على المن)بر‬،‫عن عب)د هللا بن عم)ر‬
: ‫ والمسألة‬،‫والتعفف‬
‫ َو الُّس ْفَلى ِه َي الَّساِئَلُة‬، ‫ َاْلَي ُد اْل ُع ْل َي ا ِه َي اْلُم ْن ِفَقُة‬،‫َاْلَي ُد اْلُع ْلَي ا َخ ْيٌر ِم َن اْلَي ِد الُّس ْفَلى‬
 REFERENCE:
1) Ahmad Kamal Atan. (2013). Hibah : Pelbagai jenis, tujuan & cara pelaksanaannya. from Blogspot.com
website: http://ejentakafulprubsn.blogspot.com/2017/04/hibah-pelbagai-jenis-tujuan-cara.html
2) BANK NEGARA MALAYSIA. (2013, December 9). HIBAH (Shariah Requirements and Optional Practices)
Exposure Draft. https://islamicbankers.files.wordpress.com/2013/12/2013-ed-hibah.pdf
3) ‌Hazizi Noordin, N. (2016, October). Re-evaluating the practice of hibah trust in Malaysia [Photograph].
Re-Evaluating the Practice of Hibah Trust in Malaysia.
https://www.researchgate.net/figure/The-Malaysias-hibah-trust-model-and-the-processes-involved-in-it_fig
1_327074509

4) MAJLIS AGAMA ISLAM SELANGOR (MAIS) Hibah (2021)., from Mais.gov.my website:
https://www.mais.gov.my/hibah/4/
5) MOHD (2019, January), https://hibahpusaka.wordpress.com/2019/01/13/jenis-jenis-hibah/
6) School of Law, College of Law, Government and International Studies, Universiti Utara Malaysia. (2019,
July). HIBAH IN THE ADMINISTRATION OF ISLAMIC PROPERTY: IJTIHADI ELEMENTS AND REALITY
IN MALAYSIA (UUMJLS 10(2), July 2019 (103–119)). Alias Azhar & Mohd Zakhiri Md.Nor.
http://uumjls.uum.edu.my/images/vol10no2/103-119.pdf
 GROUP PICTURE

Nurfarisa Aliah Bt Nur Ain Syazani Bt Ain Mawaddah Bt Ahmad Nur Auni Aqilah Bt
Zaidi (1192246) Fazale (1192247) Azam (1192255) Awalludin (1192268)
Thank You
Yayasan Waqaf Malaysia 2021
info@ywm.gov.my