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The credit convenience through loan installment made it easier for the society to own an unmovable property. However, the emerging issue of the matter is it also contributes to loads of frozen assets. The concept of hibah is being applied as introductory step in planning assets so it can continuously be benefitted. However, the policy practiced by the banks is still not allowing any charged property to be transferred through hibah besides the property as it also does not fully belong to the buyer. This research analyzes the implementation of hibah for charged property according to fuqaha's view and observe the product implementation in Malaysia Law. This research is conducted by qualitative method using document analysis as the design of the research. The findings indicated that hibah of charged property is valid according to some of the fuqaha's view with a few conditions. The differences in the verdicts of courts in Syariah Courts about the hibah cases however confirmed that hibah is being accepted in institutions. Few challenges and weaknesses have to be overcome to implement the product so that it can not be challenged by any party. The solution between hibah document provider and the loan provider has to be quickly executed in order for a guaranteed implementation of the product. [ABSTRACT FROM AUTHOR]

The tendency of the Muslim community in property planning to use hibah products is increasing. This situation caused Islamic banking and financial institutions as well as companies and estate planning agencies to take the opportunity by introducing various hibah products, among them trust hibah. The trust hibah is a combination of the principles of hibah and trust. If observed in more detail, the trust hibah is formed through two contracts, namely the hibah contract and the trust contract. Since the trust hibah is a combination of the principles of hibah and trust, it has given rise to legal controversy because the issue of hibah is under the State jurisdiction and the issue of trust is under the Federal jurisdiction. Jurisdiction conflicts in trust hibah matters will continue and certainly confusion regarding the exclusive jurisdiction of the Syariah Court in cases related to Muslim property will continue to exist. Thus, this article aims to identify the jurisdiction of the Federal and State in relation to the trust hibah and to examine the cases of trust hibah that have been decided by the Civil Court and Shariah Court. This study is a qualitative study which utilises documents analysis approach in its data collection process. The study found that there are various forms of judgment in the trial of cases related to the trust hibah. Therefore, the parties involved, especially the legislative body, need to resolve this matter by creating a legal enactment or a guideline that is monitored by an authoritative body. This study has an impact on agencies that are directly involved with wealth planning, legal practitioners, the judiciary and further to the community who are competent to choose a trust hibah contract as their wealth planning instrument. [ABSTRACT FROM AUTHOR]