Hibah Amanah Hartanah dan Kekangan Perundangan dalam Perancangan Harta Orang Islam di Malaysia (The Trust Hibah of Real Property and its Constraints in Property Planning of Muslims in Malaysia)

Abstract

The sensitivity of muslims towards the wealth planning via trust hibah for immovable property began to develop positively. The instrumen is able to deal with the problem of arrears of division of estate in the form of real property due to the misunderstanding of the community in applying the faraid system so as to have a negative impact on the position of property of Muslims in a prolonged period of time. In this regard, an ownership and groundbreaking problems will occur when the people assumes that the division of property should be done physically solely according to the rate or share specified in the faraid system. Thus, the wealth planning via trust hibah for immovable property can realize the property owner's desire to hand over the property to certain parties, especially to the heirs who will be left behind. However, there is the issue of real estate hibah amanah legislation that has arisen as well as being a constraint on its implementation to the Muslim community. This article analyzes the real estate trust hibah law in Malaysia. This study is qualitative in nature and uses a content analysis approach. The results of the study found that there are legal constraints on real estate trust hibah that can challenge its survival to the community. This issue needs to be reviewed by policy makers so that real estate trust hibah can be enforced in an integrated and effective manner in the future.