The Concept of law of gift inter vivos under Islamic law and the contracts act, 1950

Wan Kamal Mujani, Wan Mohd Hirwani Wan Hussain, Noor Inayah Yaakub, Rusnadewi Abdul Rashid

Research output: Contribution to journalArticle

2 Citations (Scopus)

Abstract

Hibah or gift inter vivos is a way of distribution of the estates of a Muslim during his lifetime and have been implemented since, the existence of Islam. Notwithstanding its popularity, this long established instrument which is practised in Malaysia will not be able to provide a satisfactory and viable alternative to overcome problems if it receives a double standard treatment as compared to the civil system. The significant difference between the two is that Islamic law of hibah is a unique contract but is obviously denied the status of a contract under the civil law, particularly the Malaysian law of contracts. Following the above facts, the study seeks to compare the differences between the two concepts of gift, one which is under the Malaysian Contracts Act, 1950 and the other is hibah under Islamic law. In addition, this study will also seek to examine the problems that could arise if hibah is not recognized as a valid contract under the law of contracts.

Original languageEnglish
Pages (from-to)319-325
Number of pages7
JournalInternational Business Management
Volume5
Issue number6 A
DOIs
Publication statusPublished - 2011

Fingerprint

Islamic law
Gift
Malaysia
Islam
Muslims
Civil law

Keywords

  • Contracts act
  • Gift inter vivos
  • Hibah islamic law of succession
  • Malaysia
  • Standard treatment

ASJC Scopus subject areas

  • Business and International Management
  • Strategy and Management

Cite this

The Concept of law of gift inter vivos under Islamic law and the contracts act, 1950. / Mujani, Wan Kamal; Wan Hussain, Wan Mohd Hirwani; Yaakub, Noor Inayah; Rashid, Rusnadewi Abdul.

In: International Business Management, Vol. 5, No. 6 A, 2011, p. 319-325.

Research output: Contribution to journalArticle

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