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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]

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]

In some Arab and Islamic countries, a financial system is held and applied between the couple. This system, known as the joint financial system between a couple, is applied in some Arab and Islamic countries. The couple during marriage life often acquire a lot of money. As a result of the husband’s work only outside the house and wife’s is a homemaker, or as a result of the wife’s work only outside the house. and it happens that the spouses agree and share, the money resulting from their work and this matter may be based on an agreement between them to share the common funds and there may not be an agreement between them, and with the absence of the concept of financial participation between the spouses, the problem arises in the case of financial participation between them Without specifying the share of each party, and the problem also arises in the case of joint participation between spouses and without agreement, The main objective of this paper is to define the concept of the joint property system and to clarify the Fiqh and legal rulings concerning the joint finance whether or not there is an Existing Agreement, for this the researcher relied on the analytical approach with reference to the sources and scientific references, and the paper concluded with results, including: that participation is a set of rules agreed upon between spouses, which regulate the ownership of joint wealth between couple and the share of both spouses from it, and its ruling In jurisprudence, some jurists have permitted the spouses to share in what they earn from money and others forbid it. As for the position of the laws, they differed among themselves in terms of determining the type of joint money and the obligation of the spouses to participate or not, and in the case of their agreement without specifying their share, the judge is free to estimate, with the help of the expert’s opinion to determine The share of each of them, and in the event of disagreement, some Arab laws stipulate referring to the general rules of evidence. [ABSTRACT FROM AUTHOR]