HIBAH EXPLAINED

Concept, Explanation, and Justification by Mohd. Shahrin Mohd. Nasir

WHAT IS HIBAH, AND WHY DOES IT FACILITATE THE MANAGEMENT OF YOUR INHERITED PROPERTY?

Hibah, in simple terms, is a gift made during one's lifetime, given as an expression of love and affection. Hibah is a grant from the giver to the recipient made on the basis of love (Ibn Rush, 1996). Abu Hurairah narrated that the Prophet Muhammad, peace be upon him, said: "Exchange gifts, as that will lead to increasing your love for one another" (Hadith narrated by al-Bukhari).

THE FOUR (4) ESSENTIAL ELEMENTS OF HIBAH

1. Giver (Al Wahib): The giver must be of sound mind, mature, and not bankrupt.

2. Receiver (Al-Mawhub lahu): Anyone who can own property can be a recipient. For those who are not yet mature, there should be a guardian or trustee who can receive the gift on their behalf.

3. Property Being Gifted (Al-Mawhub): Halal, Shariah-compliant, owned outright by the giver, transferable, and obligatory at the time of the gift.

4. Aqad (Contract: Ijab and Qabul): There must be an offer and acceptance with continuity and conformity between the offer and acceptance.

The most crucial aspect after these four elements is Al-Qabd, the actual delivery and transfer of the gifted property.

TWO (2) CATEGORIES OF HIBAH

A) Absolute Hibah

B) Conditional Hibah (Umra and Ruqba)

Absolute Hibah
Absolute Hibah, or al-hibah al-munjizah, is an unconditional gift that occurs during one's lifetime without any attached conditions. A gift in this form that fulfills the requirements and conditions will have the following three effects (Nasrul Hisyam, 2011):

a) Ownership of the gifted property is transferred to the recipient immediately.

b) The ownership of the recipient remains permanent and is not limited by time.

c) The giver loses ownership rights to the principal and benefits of the gifted property.

For example, if a mother transfers the title of a house to her child at the Land Office, the transfer is immediate, and the mother loses ownership rights to the house. The child can do anything with the house, including selling it.

In the context of inheritance, when the child dies, the house becomes part of the child's estate. The mother is entitled to only a portion, with the rest going to other heirs. In the case of a house, these heirs have the right to claim their share of the property.

In the case of an adopted child, if the adoptive mother transfers the title to the adopted child's name, and the child dies first, the ownership of the house reverts to the adoptive mother, or the biological parents, or their respective families. This raises issues when making an absolute gift.

Shortcomings of absolute hibah in the Malaysian context:

a) Higher costs (there may be taxes to pay).

b) Immediate loss of ownership rights for the giver.

c) If the recipient dies before the giver, the property becomes part of the recipient's estate.

Conditional Hibah

Conditional hibah is a hibah contract in which the giver imposes certain conditions along with the hibah agreement. There are various types of conditional hibah, but here are two:

A) Hibah 'Umra

B) Hibah Ruqba

'Umra

'Umra, according to the Maliki school of thought, is the giving of the benefit of property for a recipient's lifetime without any compensation. Based on this, 'umra in the Maliki school is not a complete transfer of ownership, as understood by the majority of fuqaha (Islamic jurists); instead, it is a form of loan or the granting of the right to use the property's benefits only (al-Dusuqi, 2005; al-'Adawi, n.d.). However, the majority of fuqaha offer a different interpretation of 'umra, considering it as a form of transferring full ownership of a property to someone with a specific period or upon the death of either party (Nasrul Hisyam, 2012).

An example of 'umra is, "This house is for you throughout your life, and when you die, it returns to me" or "This house is for you throughout my life, and when I die, it goes to my heirs" (al-Kasani, 2003).

The status of a 'umra contract with conditions is valid according to the majority of fuqaha. However, in the Zahiri and early Shafi'i schools, they considered 'umra to be void (Ibn Qudamah, n.d.; al-Mawardi, 1994; al-'Imrani).

Regarding the status of 'umra conditions and whether they can be enforced or not, the majority of fuqaha, including Abu Hanifah, Shafi'i, and Ahmad bin Hanbal, state that the conditions are void. On the other hand, according to Imam Malik, al-Layth, and the early Shafi'i position, 'umra conditions are enforceable. According to this view, the gifted property should be returned to the giver or their heirs after the death of one of the parties specified (al-Baghawi, 1983; al-Qurtubi, 2002).

Ruqba

Ruqba means the transfer of ownership from one person to another, where if one of the parties, either the giver or the recipient, dies, the property to be gifted (mawhub) becomes the property of the surviving party (Ahmad Rida, 1960; al-Sharbasi, 1981). An example of a ruqba statement is, "This house is for you throughout your life, and if you die before me, it goes back to me, but if I die before you, it becomes yours" (Ibn Qudamah, n.d.).

Generally, ruqba hibah, with conditions, is considered valid by the majority of fuqaha. However, in the Zahiri, Abu Hanifah, and Muhammad al-Shaybani schools, ruqba hibah is considered void (Ibn Qudamah, n.d.; al-Mawardi, 1994; al-Sarakhsi, 2001).

Regarding the status of ruqba conditions and whether they can be enforced or not, the majority of fuqaha, including Abu Hanifah, Shafi'i, and Ahmad bin Hanbal, state that the conditions are void. According to this view, after the recipient accepts and takes possession of the property, the mawhub becomes the property of the recipient for life and becomes part of their estate after their death, regardless of the status of the giver after the contract, whether they are alive or deceased (al-Kasani, 2003; al-Nawawi, n.d., al-Haytami, 2001; Ibn Qudamah, n.d.). However, according to the Maliki school, ruqba conditions are enforceable. According to this view, the
mawhub should be returned to the giver if the recipient dies first or become the property of the recipient if the giver dies first (al-Qayrawani, 1999).

DEVELOPMENT OF THE HIBAH CONCEPT IN MALAYSIA

The development of hibah is rapidly progressing in the takaful (Islamic insurance) industry, particularly concerning death compensation that is not included as part of the inheritance. The principle of hibah applied when paying takaful benefits in the event of death before the takaful certificate matures.

The application of hibah to takaful benefits is to ensure that the benefit payment can be rightfully handed over to the closest family members of the contributor without being bound by inheritance regulations. The Shariah Advisory Council of the Central Bank of Malaysia in its 34th meeting on April 21, 2003 (19 Safar 1424) regarding hibah in the takaful industry, especially related to takaful benefit hibah in this context, decided as follows (Shariah Resolutions In Islamic Finance, 2007: 27-28):

1. Takaful benefit can be used for hibah since it is the right of the participants. Therefore, the participants should be allowed to exercise their rights according to their choice as long as it does not contradict with Shariah.

2. The status of hibah in a takaful plan does not change into a will (wasiah) since this type of hibah is conditional, in which the hibah is an offer to the recipient for only a specified period. In the context of takaful, the takaful benefit is both associated with the death of the participant as well as the maturity of the certificate. If the participant remains alive at maturity, the takaful benefit is owned by the participant, but if he dies within such period, then the hibah shall be executed.

3. A participant has the right to revoke the hibah before the maturity date because conditional hibah is only deemed complete after delivery (qabdh) is made.

4. A participant has the right to revoke the hibah to one party and transfer it to other parties or terminate takaful participation if the recipient of hibah dies before maturity.

5. The takaful nomination form has to be standardized and must stipulate clearly the status of the nominee either as a beneficiary or an executor (wasi) or a trustee. Any matter concerning the distribution of takaful benefits must be based on the contract. Participants should be clearly explained the implications of every contract being executed.

Based on the above decisions, hibah on takaful benefits is allowed as long as it is a right owned by the participant. This hibah is conditional, and the nominee will own the benefit when the participant passes away. If the participant survives until the maturity date, the takaful certificate becomes the property of the participant, not the nominee.

It is clear that these conditions resemble ruqba conditions, where ownership of the gifted property is restricted to one of the living parties. According to most fuqaha, these conditions are void, although the gift itself is valid (Al-Sharbasi, 1981: 197-198; Al-Zawi, n.d.: 372; Ibn al-Jawzi, 1998: 138; Ibn Qudamah, n.d.).

However, the decision of BNM (Bank Negara Malaysia) is based on the Maliki school of thought, which recognizes the validity of ruqba conditions (Al-Qurtubi, 2002: 53). Since the hibah decided by the Shariah Advisory Council of BNM is conditional hibah, it can be observed that it will result in the following effects:

1. The offer of hibah is only valid while the participant is alive and will end when the takaful certificate matures.

2. The requirement of qabd (actual transfer of ownership) is not fulfilled in this hibah. Therefore, the participant can cancel the hibah or change the nominee as long as the certificate has not matured.

3. The person named as the hibah recipient is a beneficiary, not an executor. Therefore, the heirs entitled to the participant's estate (the deceased) do not have a claim to the benefit payment.

4. BNM's decision applies to takaful benefits (payments from the Tabung Tabarru'). Although the decision does not explicitly mention contributions from the Tabung Peserta, it can be assumed that it also falls under the category of takaful property that can be gifted. This is because the funds in the Tabung Peserta are entirely owned by the participant, unlike the Tabung Tabarru', which consists of contributions from participants as a specific percentage of their contributions to a takaful scheme. Therefore, by analogy, a participant can name someone to receive a gift from both funds, i.e., the Tabung Tabarru' and the Tabung Peserta.

Advantages of making a Ruqba hibah in the Malaysian context:

a) The transfer of ownership occurs after the giver's death.

b) Ownership rights remain with the giver.

c) Lower document preparation costs compared to changing ownership at the Land Office during one's lifetime (costs related to hibah stamp duty and M.O.T.).

d) Assets under security, with the condition of having MRTA/MRTT (Mortgage Reducing Term Assurance/Takaful), can be gifted. If a mother wishes to gift a house to her child or spouse, she can make a hibah document even if the house is still under security, with the condition that MRTT/MRTA exists, without worrying about losing ownership rights to the gifted property or if the giver passes away.

Hibah of Encumbered Property

In terms of ownership, Islam specifies two forms of property ownership. First, absolute ownership or Milk Al-Tam, and second, imperfect ownership or Milk Al-Naqis. Absolute ownership grants the owner full rights and freedom to deal with their property, while ownership under Milk Al-Naqis or imperfect ownership is limited and subject to certain conditions in the management or disposal of the property (Zamro Muda, 2017).

Based on the views of fuqaha that allow hibah of someone else's property, property of the giver, whose ownership is absolute, can also be gifted, subject to the consent of those who have an interest in that property. This situation arises, for example, with pledged property and property that is still under bank financing. Permission from the relevant parties should be obtained through methods like sulh (reconciliation), ibra' (waiver), daman (guarantee), or takaful between creditors and debtors of the property (Ahmad Hidayat Buang, 2007).

In the current context, the consent of creditors for the purpose of hibah does not pose problems for them to recover the debt because loan transactions, especially housing, are protected by insurance or takaful (MRTT/MRTA) (Ahmad Hidayat Buang, 2007). In reality, it is a common practice (urf) among Muslim communities in Malaysia to take loans for the purpose of owning property (Md. Saleh bin Haji Md. @ Haji Ahmad, 2004). It is difficult to find homebuyers who pay in cash to housing developers. If property owners are not allowed to make hibah because the property is still under financing, it would be challenging for them to execute hibah.

Therefore, apart from adhering to the views of the Maliki and Hanafi schools of thought that permit conditional hibah on property that is not owned absolutely by the giver, provided that permission from the owner is obtained, it is also reasonable to allow hibah on encumbered property based on the principle of maslahah (public interest) and the fikah principle that states, "Difficulty begets ease" (al-Buti, 1966).

This view appears to have been accepted by the Shariah Courts in Malaysia. In the case of Raihanah Binti Mohd Ali v Kamaruddin bin Mohd Nor & Others [2008] 2 JH 253, the court rejected the plaintiff's application to validate a hibah made by her deceased sister (the donor) to her on the grounds that there was no evidence showing that the deceased had obtained permission from the BBA (Bay‘ bi Thaman Ajil) financing provider to allow her to gift the property. The court in this case recognized that property purchased through BBA and similar schemes is valid, provided that prior approval is obtained from the financing or loan provider.

Therefore, there is no issue regarding the validity of hibah on encumbered property. Referring to the current situation, banks do not concern themselves with ownership issues but rather with payment matters.

Article 857 of Majallah al-Ahkam al-‘Adliyyah, which was used during the rule of the Ottoman Empire, states that the property to be gifted must consist of the giver's assets. Therefore, if someone gifts another person's property without their consent, the gift is not valid. However, if the owner of the property consents to the gift after it has been made, the gift becomes valid because the subsequent consent is equivalent to a representation made before the gift. This practice has been in use for a long time in the administration of the Ottoman Empire (Zamro Muda, 2017).

In the case of Yati Suraya Vs Supiah Binti Abu, a relatively recent case decided by the State of Negeri Sembilan, hibah of encumbered property was allowed. In the case of Raihanah Binti Mohd Ramli vs Kamaruddin Bin Mohd Nor (2008), two JH 253, hibah of encumbered property was allowed with the condition of obtaining permission from the financial provider (Zamro Muda, 2017).

In the estate planning industry, which offers conditional ruqba hibah for encumbered property, examples include MyPusaka and Wassiyah Shoppe. Hundreds of hibah orders have been issued by the Shariah Courts. However, a strict condition for hibah of encumbered property is that it must have a guaranteed debt, meaning there must be insurance or takaful (MRTT/MRTA).

Misunderstanding Wills and the Role of Hibah as a Solution

The amount of property that can be bequeathed by a testator according to Islamic law is only up to 1/3 of their net estate that remains at the time of their death, after accounting for burial expenses and debts if any are owed by the testator. Therefore, any bequest exceeding the 1/3 limit is not valid unless the heirs agree to the higher amount. If the heirs agree, then the bequest exceeding 1/3 is valid, and if they do not agree, then the bequest is valid only up to 1/3, and the excess becomes part of the estate. This is based on the Hadith of the Prophet Muhammad (peace be upon him) that states:

Sa’ad Bin Abu Waqqas said: "The Messenger of Allah (peace be upon him) came to visit me while I was in Makkah. I asked, 'O Messenger of Allah, should I bequeath all of my wealth?' He replied, 'No.' I asked, 'Some of it?' He answered, 'No.' I asked, 'One-third?' He replied, 'Yes, one-third.' And one-third is a lot. Indeed, leaving your heirs wealthy is better than leaving them in poverty, begging from others with their hands.'" (Hadith narrated by al-Bukhari and Muslim).

Scholars differ on the ruling regarding bequests to heirs. The majority of scholars believe that bequests to heirs are not valid unless they receive the unanimous consent of all heirs. If they agree, then the bequest is valid; otherwise, it is not. Their consent should be given after the death of the testator, and those giving consent must be qualified to do so. The Prophet (peace be upon him) said:

"Indeed, Allah has assigned to each rightful heir his share; so no bequest is made to an heir." (Hadith narrated by al-Tirmidhi).

Misunderstandings About Wills:

a) Planning your estate is completed by writing a will.

b) Distributing your assets to heirs (children, spouse) through a will.

To distribute assets effectively to heirs, the instrument that should be used is Hibah (gift). Wills are used to provide an opportunity for the owner of the assets to give to charity and make donations, as explained above.

If a father wants to give property to his wife and children, he needs to make a hibah, not a will. If it involves adopted children, the father wants to give property to his adopted child. There are two instruments that can be used:

A) Will

Can be used because adopted children are not heirs according to Islamic law. However, it is limited to 1/3 of the estate. If it exceeds 1/3 of the inheritance, the adopted child must obtain the consent of all of the father's heirs.

B) Hibah

All property can be gifted to the adopted child. There is no limit and no obstacle.

Cancellation or Revocation of Hibah

When a hibah agreement is complete, meeting all its conditions and requirements, and there is delivery and acceptance (al-qabd), the property becomes the ownership of the recipient of the hibah, even without compensation ('iwad). However, the revocation of such hibah creates differences among jurists as follows:

According to the Hanafi school of thought, the giver of hibah can, but it is discouraged to revoke a hibah that has been given, and it can be annulled unless it was given with compensation ('iwad).

According to the Shafi'i, Hanbali, and some Maliki scholars, the revocation of hibah can happen solely through the offer and acceptance. However, when it is accompanied by delivery and acceptance (al-qabd), the hibah cannot be revoked, except in the case of a hibah made by a father (including mother, grandfather, grandmother, and other ancestors) to his children, as long as the property is not connected to someone else.

According to Imam Ahmad and the Zahiri school, the giver of hibah cannot revoke a hibah, except for the hibah made by a father (including mother, grandfather, grandmother, and other ancestors) to his children. This is based on the Hadith of the Prophet Muhammad (peace be upon him) that states: "The one who takes back his gift is like a dog that eats his own vomit" (Hadith narrated by al-Bukhari and Muslim).

In general, jurists agree on the necessity of revoking a hibah if it is done willingly and with mutual consent between the giver and the recipient or through a court decision.

The Amount of Property That Can Be Gifted

Islam does not specify a particular amount or limit for the property that can be gifted. This is because the property to be gifted is owned by the giver of the hibah, so it is up to the giver to determine the amount of property they want to gift.

However, Islam encourages fair gifting, especially when it comes to giving to children. Most scholars (Hanafi, Maliki, and Shafi'i) believe that it is recommended to treat all children equally and giving more to one child than the others, even if it is valid, is disliked (makruh).

For Abu Yusuf, giving more to one child is permissible if the parents do not intend to harm the other children. If they intend to do so, it becomes their duty to equalize the gifts.

According to the Hanbali school, equity in giving to children is obligatory. Meanwhile, according to Imam Malik, giving all the property to some of the children and not to others is not allowed.

According to the Hanafi, Shafi'i, Maliki, and Abu Yusuf, equitable giving to children during one's lifetime is done by distributing the gift equally without distinguishing between sons and daughters.

However, the Hanbali and Muhammad bin Hassan al-Shaybani schools believe that equity in giving means giving sons twice the share of daughters, following the inheritance distribution rules.

In the case of Muhammad bin Awang and Others v. Awang bin Deraman and Others [2001] XIV(II) JH 165, the Shariah Appeals Court in Kelantan ruled that a gift to children is valid even if some of them did not receive a gift. The court ruled that equalizing gifts to children is recommended (encouraged) and does not invalidate the gift, even if some children do not receive a gift (Zamro & Lizza 2017).

Why Hibah Facilitates the Estate Management Process?

After discussing the concept of hibah as mentioned earlier, it is clear that hibah is a form of estate planning during one's lifetime that is given importance in Islam. However, it is essential to note that besides hibah, there are other instruments for estate planning during one's lifetime, such as wakaf (endowment), wasiat (will), sedekah (charity), hadiah (gift), and so on. Nevertheless, the hibah instrument has its uniqueness as an estate planning instrument, different from other instruments, especially in today's living environment. Among the advantages, importance, and reasons why the hibah instrument is considered necessary in estate planning are as follows:

(a) Giving property as a gift is recommended by Islam.

As discussed earlier, hibah is recommended by
Islam, whether through Quranic verses or Hadith. Therefore, the cynical view of some members of the Muslim community that giving property as a gift aims to avoid the distribution of property through inheritance is not accurate based on the evidence provided. This is because Islam provides an opportunity for the owner of property to plan their estate during their lifetime as long as it does not contradict Islamic law. It should be noted that the distribution of property through inheritance only occurs when the deceased leaves behind property that will be inherited by their heirs. If the deceased's property has been disposed of during their lifetime, the rules of inheritance do not apply.

(b) Giving property as a gift can foster feelings of love and strengthen family ties.

The assurance that giving property as a gift can foster love between the giver and the recipient has been explained by the Prophet Muhammad (peace be upon him), as mentioned in the Hadith earlier. Therefore, the property owner can give their property as a gift to anyone, especially those close to them, such as children, spouses, parents, adopted children, and others, to manifest affection between them. What is essential is that the manifestation of affection can be cultivated while the giver and the recipient are still alive, unlike with a will.

Hibah is different from the distribution of property through inheritance because only heirs are entitled to inherit, whereas hibah can be given to anyone desired by the giver, whether they are heirs or not. Furthermore, hibah can also be given to non-Muslims for the purpose of strengthening family ties and not for sinful purposes.

(d) There is no limit to the amount of property that can be gifted.

The amount of property to be gifted to the recipient has no limit and is entirely up to the giver's ability and preference. This is unlike wills, where the bequested property cannot exceed 1/3 of the estate. Meanwhile, the distribution of property according to inheritance laws is based on predetermined rules and regulations set by Islamic law. Therefore, hibah gives the property owner the freedom to determine the amount or share of property to be gifted, taking into account the recipient's living needs and current requirements.

(e) The utilization of gifted property can be immediate and to the fullest extent.

Islam allows its followers to own wealth for the purpose of improving the land of Allah in the best way, as recommended by Islam. However, the benefit of such property cannot be maximized when the property is only accumulated and not fully utilized due to factors such as age, busyness, and illness. Therefore, the hibah instrument can address this issue well, as the gifted property can be immediately utilized by the recipient while the giver is still alive. If the property owner makes a will or simply waits for their property to be distributed through inheritance after death, direct utilization of the property may not be possible due to various factors such as administrative procedures (bureaucracy) in the distribution of the estate, disputes among heirs, the validity of the will, and so on, which can ultimately lead to neglecting the property.

(f) Giving property as a gift considers the status of the recipient.

Although hibah can be given to anyone desired by the giver, it is advisable to consider the economic or social status of the recipient in terms of planned estate. Thus, the giver has the right to determine to whom their property will be gifted and the appropriate amount to be gifted, taking into account the economic status and current needs of the recipient. Additionally, factors such as responsibility, roles, and contributions can also be considered in determining the recipient and the amount or share of property to be gifted.

Referring to the case of Muhammad Awang & Others v. Awang Deraman & Others [2004] CLJ (Sya) 139, the deceased, who was the first respondent during his lifetime, had given two pieces of land as a hibah to the second and third respondents, who were his children. After the death of the first respondent, the appellants, who were the other children of the deceased, contested the validity of the hibah on the grounds that the distribution was unfair because it was not made equally. The Court of Appeal ruled that the gift, although seemingly unfair, was legally valid. Judge Daud Muhammad, in delivering the court's judgment, stated (Rusnadewi Abdul Rashid & Nor Hisyam Ahmad 2013: 100):

"On the surface, the hibah made by the deceased may seem unjust because it disregards the interests of some of his children. But in reality, there may be reasonable reasons known only to the deceased and Allah."

(g) Property gifted by parents (including grandparents) to children can be revoked or canceled.

A gift of property through hibah generally cannot be revoked or canceled after it meets all the conditions and requirements of hibah, as per the saying of the Prophet Muhammad (peace be upon him):

Meaning: "The one who takes back his gift is like a dog that eats his own vomit" (Hadith narrated by al-Bukhari and Muslim).

However, a gift of property through hibah by parents to their children or grandparents to their grandchildren can be revoked, as stated in the Hadith of the Prophet Muhammad (peace be upon him):

Meaning: "It is not halal for a Muslim man to give a gift or hibah and then take back the gift or hibah except for a gift or hibah made by a father to his child" (Hadith narrated by Abu Dawud).

From this Hadith, scholars extend the meaning of "father" to include any gift or hibah made by parents (including grandparents) to children (including grandchildren). This right to revoke a gift or hibah is a privilege granted by Islam. This is because parents better understand the situation and development of their children.

(h) Giving property as a gift can be done without transferring ownership of the property in the title deed (grant).

A gift is considered valid as long as it meets the conditions and requirements of hibah. Therefore, it is necessary to distinguish between al-qabd (possession) and transferring ownership of the property or changing the name on the title deed (grant). Some people believe that a gift of property through hibah is not valid if the transfer of ownership on the title deed is not done. This misconception arises because they cannot distinguish between al-qabd and transferring ownership of the property or changing the name on the title deed (grant). Al-qabd is the delivery of the gifted property from the giver to the recipient. With the occurrence of al-qabd, the recipient of the gift can take possession of and manage the property after being granted permission by the giver. Therefore, transferring ownership of the property or changing the name on the title deed (grant) is optional for the giver and is not a requirement to validate a gift.

In the current situation where the need for property is becoming increasingly urgent and trust is diminishing, it is reasonable for a gift of property through hibah not to be followed by transferring ownership on the title deed (grant). The transfer of ownership or change of ownership can be done after the giver's death when the distribution of the estate is carried out. However, the hibah document should be made clear and in writing to avoid any disputes after the giver's death.

Additionally, preparing a hibah document is more cost-effective compared to transferring ownership or changing ownership of the property made during the giver's lifetime. This is because the cost of transferring ownership of the property made during the giver's lifetime is higher than the cost of estate distribution (division of property after death). Furthermore, the process of revoking a gift made by parents to their children is easier if the name remains on the title deed. If the transfer of ownership or change of ownership has already occurred, revoking the gift may require going through the Syariah Court to obtain an order to revoke the gift so that the administration, such as the land office, can change the name on the title deed. This situation becomes more complicated, especially when the property has been disposed of by the gift recipient, such as the gift recipient giving or selling the property to another party. Additionally, the court process takes time, and the general public is often unfamiliar with the procedures.
In conclusion, giving property as a gift through hibah is a valuable instrument for estate planning in Islam. It offers various advantages, including the ability to express love and strengthen family ties, flexibility in choosing recipients, no limits on the gifted amount, immediate and full utilization of the gifted property, and consideration of the recipient's status. It is important to understand the principles and rules of hibah to make informed decisions in estate planning.