Revocation of gift (Hibah) according to islamic law and its practice under Syria civil law 1949

Noor Lizza Mohamed Said, Mohd Ridzuan Awang, Amir Husin Mohd Nor, Mohd Zamro Muda, Abdul Basir Bin Mohamad

Research output: Contribution to journalArticle

Abstract

It is a common phenomenon today to find a variety of products based on gift in the wealth management industry and in Islamic financial markets. There are, however several issues relating to gift that are the cause of some confusion in the Muslim society, among them being the issue of revocation of gift, especially since, there are no specific written laws relating to gift in Malaysia that may be used as a guideline or reference if any problem or dispute should arise. The objective, therefore of this study is to analyse the opinions of the Muslim jurists and their proofs and arguments of reasoning on the Islamic judicial decision (Hukm) of withdrawing the gift before and after action of holding goods (Qabd) as well as the legal rule on a father's revocation of gift intended for his child and its application in the Syrian Civil Law, 1949. This study has employed the content analysis method from both primary and secondary data by comparing the opinions of the Muslim jurists to the provisions of the Syrian Civil Law, 1949. The result of the study found that the majority of Muslim jurists are of the views that the contract of gift is completed and effective from the time of holding the gift by the recipient. The donor of gift entitles to revoke his gift if there is no evidence of acceptance from the recipient, except in the case of gift from a father to his children. Contrarily, according to the views of theHanafi, Imami and Zaydi schools of thought, there is no impediment upon the donor of the gift to revoke it despite the holding having taken place if there is no presence of one of the conditions that prevent the revocation of gift and their views seem to be in line with the provisions in the Syria Civil Law, 1949. © Medwell Journals, 2013.

Original languageEnglish
Pages (from-to)1-7
Number of pages7
JournalInternational Business Management
Volume7
Issue number1
DOIs
StatePublished - 2013

Fingerprint

Gift
Civil law
Muslims
Syria
Islamic law
Wealth
Industry
Financial markets
Malaysia
Dispute
Content analysis
Acceptance

Keywords

  • Contract
  • Gift
  • Islamic judicial decision
  • Muslim jurists
  • Revocation
  • Syria civil law

ASJC Scopus subject areas

  • Business and International Management
  • Strategy and Management

Cite this

Revocation of gift (Hibah) according to islamic law and its practice under Syria civil law 1949. / Said, Noor Lizza Mohamed; Awang, Mohd Ridzuan; Nor, Amir Husin Mohd; Muda, Mohd Zamro; Mohamad, Abdul Basir Bin.

In: International Business Management, Vol. 7, No. 1, 2013, p. 1-7.

Research output: Contribution to journalArticle

Said, Noor Lizza Mohamed; Awang, Mohd Ridzuan; Nor, Amir Husin Mohd; Muda, Mohd Zamro; Mohamad, Abdul Basir Bin / Revocation of gift (Hibah) according to islamic law and its practice under Syria civil law 1949.

In: International Business Management, Vol. 7, No. 1, 2013, p. 1-7.

Research output: Contribution to journalArticle

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AB - It is a common phenomenon today to find a variety of products based on gift in the wealth management industry and in Islamic financial markets. There are, however several issues relating to gift that are the cause of some confusion in the Muslim society, among them being the issue of revocation of gift, especially since, there are no specific written laws relating to gift in Malaysia that may be used as a guideline or reference if any problem or dispute should arise. The objective, therefore of this study is to analyse the opinions of the Muslim jurists and their proofs and arguments of reasoning on the Islamic judicial decision (Hukm) of withdrawing the gift before and after action of holding goods (Qabd) as well as the legal rule on a father's revocation of gift intended for his child and its application in the Syrian Civil Law, 1949. This study has employed the content analysis method from both primary and secondary data by comparing the opinions of the Muslim jurists to the provisions of the Syrian Civil Law, 1949. The result of the study found that the majority of Muslim jurists are of the views that the contract of gift is completed and effective from the time of holding the gift by the recipient. The donor of gift entitles to revoke his gift if there is no evidence of acceptance from the recipient, except in the case of gift from a father to his children. Contrarily, according to the views of theHanafi, Imami and Zaydi schools of thought, there is no impediment upon the donor of the gift to revoke it despite the holding having taken place if there is no presence of one of the conditions that prevent the revocation of gift and their views seem to be in line with the provisions in the Syria Civil Law, 1949. © Medwell Journals, 2013.

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