Authors : Rusnadewi Abdul Rashid, Siti Asishah Hassan and Noor Inayah Yaakub
Abstract: The administration of Islamic property in Malaysia is governed by rules of inheritance (faraid). Under the rule of faraid, the daughter will only get half portion of the son. Although, faraid has been playing a vital role in the division of inheritance, the fact remains that the distribution of the property through this way may in some situations requires to be complemented with other mode of distribution of property as it has to certain degree create problem to well being of the community especialy women. It is because that there may be situation where a daughter or a woman is entitled to be given more than a son. This study aims to propose a more flexible way of distribution of property which should be adopted in order to remedy the situation. In this regard, the giving of property by way of hibah could be used to achieve several aims which other methods of division of estates could not do. The transfer of property by way of hibah enables the property owners to decide for themselves the recipients of the property. They also have rights to determine the amount and proportion of property to be distributed with due regard to its suitability in terms of the beneficiary’s need, commitment and his or her economic status. Furthermore, the transfer of property by way of hibah is possible to help the woman divorcee to get the property from the previous spouse which the law of inheritance could not do. Thus, the application of hibah should be regarded widely as not only religiously recommended but also socially legitimate. It could be used as a means of giving woman compensation in situation for what is seen as their disadvantaged position under the other methods of estate distribution, especially under the rule of inheritance.
Rusnadewi Abdul Rashid, Siti Asishah Hassan and Noor Inayah Yaakub, 2014. Gift Inter Vivos as an Alternative Method of Property Distribution for Muslim Woman. The Social Sciences, 9: 126-128.