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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]

Hibah is becoming one of the instrument chosen by Muslim society in Malaysia in property planning. The product of conditional hibah has been commercialized by related institutions such as Amanah Raya Berhad (ARB), Wasiyyah Shoppe Berhad, as-Salihin Trustee Berhad, CIMB, Tabung Haji, Amanah Saham Nasional Berhad (ASNB) and Prudential BSN Takaful Berhad. There are cases of conditional hibah that have been decided by the court based on the books of Islamic jurisprudence due to lack of codification of specific enactment related to hibah in this country. Thus, the existence of various opinion from the Islamic jurists in enforcement of conditional hibah has resulted in inconsistency of Shariah judges decision upon the cases of conditional hibah. This article aims to observe the practice of conditional hibah in Malaysia through data from reported cases of conditional hibah as decided at the Shariah High Court. This study has significant step to issue of the practice of conditional hibah in Malaysia. Furtheremore the data is analised based on the opinion and argumentation of Islamic jurists. The judges opinion and comments will be considered in order to know the client's preferences that accept the conditional hibah. The research outcomes discover that there are some of the Shariah judges that accepted the conditional hibah based on validity of the hibah decided. [ABSTRACT FROM AUTHOR]

Al-Shaykh 'Abd Allah al-Ghadamsi is one of the figures who were contributing a lot in the history of the rise of Muslim community in Malaya. His presence in Malaya was on the request of figures and local Islamic activists to lead the mission to progress Islamic society in this region and release them from ignorance, retrogression and weakness. In parallel with the rise of global Muslim societies who commonly were under the colonial control especially in Middle East, which considered as the centre of the rise of Islam, the leaders' presence from there was cordially welcomed. Nevertheless, this mission was not an easy duty. So as to realise this noble dream, there were so many challenges and obstacles from external and internal parties had been faced. Through the study on the approach brought by this scholar and the response from his contemporary style, it seems like the history of struggle of a scholars' emergence and modern Islamic activist pioneering figure named al-Imam Muhammad 'Abduh, in several ways. Comparatively, this study aims the approach applied by these two scholars to develop the Muslim community in their places, its reaction which was received because of that approach, and the method used to overcome the challenges based on their wisdom and grit for the sake of the struggle contiunity. This qualitative research is formed by data collection from various sources and analysed to respond related issues following the framework has been decided. The findings of this important research are the similarities in approaches and responses which leave the deep impact into the continuity their legacy to the next age. [ABSTRACT FROM AUTHOR]