Islamic inheritance structure is consisting of institutions which are faraid, bequest and inter vivos gift (hibah). Faraid means the Islamic law of succession, which definitely, is the leader of the Islamic inheritance arrangement. It is meant to defend descendants’ rights with instruction of the fixed entitlements of authorized heirs. Faraid may seem to be an undeniable, given set of rules but the equality of the obligatory rules of faraid exists in the form of bequest (wasiyyah) and inter vivos gift (hibah). The difference between wasiyyah and hibah lies in the fact that each transmission ways and means of the property is determined at the difference country and subject to difference boundaries. In regard of the religion, if a transfer took place between the livings, it is known as hibah while if it took place upon the death, it is called a wasiyyah or bequest. Faraid and wasiyyah has an inherent limitation according to ulama and traditional Islamic defenders, but in Hibah there is no such limitations exist because the owner can transfer of all rights in the property himself during his life. However, Faraid and Wasiyyah can only distributed after the death of the donor.
Hibah is defined in Islamic concept as a form of a funding either in its physical form (‘ain) or otherwise. It covers gifts and alms. The difference is in the purpose of the gift. Alms are grants intended for reward in the hereafter, and usually given by the rich to the poor. A gift is a contribution to appreciate someone and is usually related to a specific matter. It can be concluded here that all alms and gifts are hibah, but not all hibah are alms and gifts. Moreover, hibah according to Islamic term is a contract (akad) that...
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...es first. If recipient predecessed the owner then the gift must be returned to the donor. The transfer of property from the donor to the recipient is affected but the temporal condition is voided. Only the Hanafis and Malikis prohibited conditional gift and on the other most of the jurist allow temporal gift. It is pronouncement as provider says, “This shop I give to you as hibah and if you die first then the assets will be resumed to me and if I die first then the asset is for you.” The third is usufruct gift; Hanafi said it depends on whether or not the property itself survives after the recipient collects its usufruct. Usufruct of non-fungibles thing which the usufruct is to be imitative can only be used by consumption is equivalent to a full gift.
3. APPLICATION IN MALAYSIA