Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah
This study explores issues related to justice in the bestowal of gifts (hibah) by parents to their children. Hibah, in the current development, is practiced freely to the extent of being considered a favourite choice of transferring wealth. However, it is a potentially problematic practice because i...
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Universiti Malaya
2014
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| Online Access: | http://irep.iium.edu.my/41906/ http://irep.iium.edu.my/41906/ http://irep.iium.edu.my/41906/1/Jurnal_Syariah.pdf |
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iium-41906 |
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iium-419062018-06-19T01:07:10Z http://irep.iium.edu.my/41906/ Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah Awang, Abdul Bari Awang Abd. Rahman @ Jusoh, Amilah KBP Islamic Law This study explores issues related to justice in the bestowal of gifts (hibah) by parents to their children. Hibah, in the current development, is practiced freely to the extent of being considered a favourite choice of transferring wealth. However, it is a potentially problematic practice because it opens up to preferential and unjust treatment. This paper aims to respond to some questions related to justice. How far does the principle of justice affect hibah? To which extent is it permissible to distribute property and wealth unequally among one’s children? What is the meaning of just distribution between male and female child? Are there special criteria prescribed that justify unequal distribution of hibah among children? These issues are discussed in reference to established views of classical as well as contemporary Muslim jurists. Key words: Gift (hibah), justice, unequal wealth redistribution, Islamic law. Universiti Malaya 2014-09-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/41906/1/Jurnal_Syariah.pdf Awang, Abdul Bari and Awang Abd. Rahman @ Jusoh, Amilah (2014) Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah. Jurnal Syariah, 22 (3). pp. 407-426. ISSN 0128-6730 http://e-journal.um.edu.my/publish/JS/ |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English |
| topic |
KBP Islamic Law |
| spellingShingle |
KBP Islamic Law Awang, Abdul Bari Awang Abd. Rahman @ Jusoh, Amilah Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah |
| description |
This study explores issues related to justice in the bestowal of gifts (hibah) by parents to their children. Hibah, in the current development, is practiced freely to the extent of being considered a favourite choice of transferring wealth. However, it is a potentially problematic practice because it opens up to preferential and unjust treatment. This paper aims to respond to some questions related to justice. How far does the principle of justice affect hibah? To which extent is it permissible to distribute property and wealth unequally among one’s children? What is the meaning of just distribution between male and female child? Are there special criteria prescribed that justify unequal distribution of hibah among children? These issues are discussed in reference to established views of classical as well as contemporary Muslim jurists.
Key words: Gift (hibah), justice, unequal wealth redistribution, Islamic law.
|
| format |
Article |
| author |
Awang, Abdul Bari Awang Abd. Rahman @ Jusoh, Amilah |
| author_facet |
Awang, Abdul Bari Awang Abd. Rahman @ Jusoh, Amilah |
| author_sort |
Awang, Abdul Bari |
| title |
Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah |
| title_short |
Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah |
| title_full |
Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah |
| title_fullStr |
Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah |
| title_full_unstemmed |
Are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah |
| title_sort |
are parents free to bestow their wealth onto their children? a juristic discourse on equality and justice in hibah |
| publisher |
Universiti Malaya |
| publishDate |
2014 |
| url |
http://irep.iium.edu.my/41906/ http://irep.iium.edu.my/41906/ http://irep.iium.edu.my/41906/1/Jurnal_Syariah.pdf |
| first_indexed |
2023-09-18T20:59:52Z |
| last_indexed |
2023-09-18T20:59:52Z |
| _version_ |
1777410551553458176 |