ELEMEN QABD (PINDAHAN MILIKAN) DALAM HIBAH: ANALISIS TERHADAP KEPERLUAN DAN PELAKSANAANNYA MENGIKUT PERSPEKTIF UNDANG-UNDANG ISLAM
Keywords:
Islamic law, hibah (gift inter vivos), qabd (transfer of possesion), Shariah courtsAbstract
This article generally tries to analyze the position of the qabd (transfer
of possession) in the hibah (gift inter vivos) principle according to
Islamic Law perspective. The article will be focussing on the opinion
of the Muslim scholars in the various schools about the qabd as well as
the reported cases in Malaysia. The writer in his article also highlights
the purposes of the Sharia (maqasid al-shari‘ah) from the qabd’s
requirement in hibah. From the discussion of its condition of validity,
it can be concluded that the qabd which is empasized by the majorities
scholars is flexible in its application.
Downloads
Published
Issue
Section
License
COPYRIGHT: Unless otherwise stated on the individual article, articles are published under the Creative Commons Attribution-NonCommercial 4.0 International Licence (CC BY-NC 4.0). This licence permits reproduction, distribution and adaptation for non-commercial purposes, provided that appropriate credit is given, a link to the licence is included, and any changes are indicated. No additional permission is required for uses permitted by the licence. Commercial use requires separate permission from the copyright holder, unless otherwise permitted by applicable law.
