FREQUENTLY ASKED QUESTIONS
1. What is the difference between "hibah" (gift) and "wasiat" (will)?
Hibah is the giving of assets that occurs during the giver's lifetime, while wasiat is the giving of assets that occurs after the testator's death.
2. Who needs to make a "hibah"?
Those who do not have male heirs as legal heirs. If you only have daughters, then a portion of your assets will be inherited by your siblings.
3. What is "hibah" actually?
Hibah is the act of giving assets out of love to anyone desired during one's lifetime without any expectation of return. eHibah practices Conditional Hibah through Ruqba.
4. Do I need to make a "wasiat" (will) or "hibah"?
It depends on your situation. If you fall into any of the following categories, "HIBAH" is encouraged:
- Only have daughters.
- Have adopted children.
- Couples without children.
- Unmarried individuals.
- Polygamous individuals.
- Converts (Mualaf) who want to give their assets to their non-Muslim families.
- Joint property buyers.
- Individuals who want to give their assets to anyone they desire.
- Business owners.
- Hajj pilgrims.
- Individuals who remarry.
5. What assets can be gifted through "eHibah"?
Assets like:
- Real estate (land and property).
- Unit trusts.
- ASB (Amanah Saham Bumiputera).
- Fixed deposits.
- Gold savings accounts (not jewelry).
- Tabung Haji.
6. Are there assets that cannot be gifted?
Yes, such as:
- Assets outside Malaysia.
- EPF (Employees Provident Fund).
- Unregistered assets like jewelry, expensive paintings, etc.
- Assets prohibited by Islamic law (syarak).
7. Can trust assets be gifted?
Yes, it can. However, there are some conditions that must be met to gift trust assets.
8. Can "eHibah" be canceled or revoked?
Yes, eHibah practices Conditional Hibah through Ruqba. However, according to the Shafi'i and Hanbali schools of thought, as well as some scholars of the Maliki school, revoking a hibah can be done solely through the declaration and acceptance. But when accompanied by the delivery and acceptance of the property (al-qabd), the hibah (Mutlak) cannot be revoked, except for hibah made by a parent (including mother, father, grandparents, and other ancestors) to their children as long as the property is not connected to others. However, the Hadith of the Prophet s.a.w states: "One who revokes his gift is like a dog that eats its own vomit..." (Hadith narrated by al-Bukhari and Muslim).
9. Are assets gifted during one's lifetime or after death?
Documentation is done during one's lifetime. The transfer will take place after death.
10. Can "hibah" be challenged?
Hibah can be challenged if:
i) The gift is not clear.
ii) The prepared document does not comply with the law.
However, it depends on the decision of the Sharia Court. It is within the jurisdiction of the Sharia Court to decide the status of the hibah.
11. Can you gift EPF (Employees Provident Fund) through "eHibah"?
No, you cannot. EPF only allows for the appointment of a nominee, and the nominee's duty is to distribute the EPF funds to the heirs later.
12. If a wife makes "eHibah" to her husband, can the assets be taken back if they divorce?
YES. eHibah only practices Conditional Hibah Ruqba.
13. What about minors?
You can appoint a Trustee, and ownership will be transferred when the child reaches 18 years of age.
14. Are there any other fees?
Yes, please refer to the article "Fee Determination" on this website.
15. What documents need to be prepared?
You need to provide copies of:
- The giver's identity card.
- The recipient's identity card.
- Bank account details.
- Bank name, account number.
- Unit trusts.
- Unit trust company name, account number.
- Stocks & securities on Bursa Malaysia.
- CDS account number.
- Cooperative shares.
- Cooperative name, membership number.
- Insurance policies & takaful.
- Insurance company name, policy number.
- House/Condominium/Apartment/Shop Lot - Address.
- Land - H.S.(M), P.T. No., Lot No., Mukim No., District, State.
- Cars/Motorcycles/Boats/Personal Ships - Vehicle type, registration number.
- Shares in businesses - Company name, registration number.
- Safe Deposit Box - Bank name, Safe Deposit Box number.
- Club membership (inheritable) - Club, membership number
*Only provide relevant documents.
16. Does the Sale and Purchase Agreement (SPA) need to be uploaded as well?
If the owner holds the original land title deed (not a copy), there is no need for the Sale and Purchase Agreement.
17. What types of "hibah" are available in the market?
There are 3 types:
a) Absolute Hibah,
b) Trust Hibah,
c) Conditional Hibah.
18. What type of "hibah" is practiced by "eHibah"?
eHibah only practices Conditional Hibah Ruqba.
19. If I initially gifted 25% each to 4 children, and later I have another child, can I change it to 20% each?
Yes, you can, by canceling (revoking) the old hibah (made through eHibah) and making a new hibah (also through eHibah) for a fee of RM1,000.
20. Can you gift less than one (1) acre of agricultural land?
Yes, but to one nominee only.
21. Can you gift a house to 3 names?
Yes, one property can be gifted to more than one person.
22. If you gift trust assets, will ownership transfer after the giver's death?
Yes. The eHibah giving agreement will only be complete after the signing process by all parties has been completed. The transfer process is after the giver's death.
23. How and what type of assets can be directly gifted to my adopted child?
You can gift a house or any non-movable assets through eHibah. For other movable assets, please refer to the eligible categories of assets on this website.
24. Are the "hibah" documents prepared through "eHibah" in compliance with the law?
Yes, because all documents through eHibah are prepared by registered lawyers.
25. What is the role of a lawyer in the execution of trust assets hibah?
Based on Section 37(2) of the Legal Profession Act 1976, only lawyers are qualified to prepare documents related to non-movable assets and trust.