ELEMEN QABD (PINDAHAN MILIKAN) DALAM HIBAH: ANALISIS TERHADAP KEPERLUAN DAN PELAKSANAANNYA MENGIKUT PERSPEKTIF UNDANG-UNDANG ISLAM

Abstract

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.