Giving conditional hibah / Nik Aleya Natasha Rosday … [et al.]

Rosday, Nik Aleya Natasha and Mohd Zaki, Adeeba Najihah and Abd Halim, Aimuni and Razali, Siti Anati (2023) Giving conditional hibah / Nik Aleya Natasha Rosday … [et al.]. [Student Project] (Unpublished)
Abstract

In terms of definition, the term hibah refers to the giving of advantages and benefits in the form of something that can benefit the recipient, whether the given is property or non­property. However, if it refers to the understanding from a linguistic standpoint, the grant will be referred to solely as property. In legal terms, hibah can be defined as a contract of voluntary ownership of the property to someone during the owner's lifetime with no expectation of return. According to jurisprudence's concept of hibah, the granting of hibah must be done in accordance with absolute, unconditional, and reciprocated rules. When the principles and conditions of hibah absolute, also known as al-hibah munjizah, are met, it will have three effects which are the mawhub will transfer ownership to the grantee with immediate effect, the grantee's ownership rights are permanent and unlimited in duration, and the granter's ownership rights to 'ayn and mawhub 's benefits are lost.

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