PART 3: HIBAH VS WASIAT & WAQAF
PART 3: HIBAH VS WASIAT & WAQAF
Hibah VS Wasiat
Hibah and Wasiat seem almost similar as both are made during the lifetime of the persons who intend to pass their property or land to anyone they want, according to Hukum Syarak. However, both Hibah and Wasiat are dissimilar, and the differences are as below:
| Hibah | Wasiat |
| The property or benefit can be transferred and enjoyed by the donee whether the donor is still alive or has died, which is made based on affection. | Wasiat is made for another person so that the property or the benefit thereof can be transferred and enjoyed by the person after the person who made the Wasiat has died.[1] |
| No limitation as to quantum or recipient
|
The property of the Wasiat cannot be more than ⅓ of the total inheritance amount. |
Hibah VS Waqaf
Simply put, waqf is when Muslims genuinely give away a property they own for the benefit of others out of charity. At the same time, Hibah is a gift given by a donor to the donee out of affection. Generally, waqf is dedicated to everyone, i.e., to the public with the giver’s free will.
Conclusion
Muslims can opt for Hibah as an alternative other than faraid. The perk of choosing Hibah is that it harmoniously resolves any disputes amongst the family members or relatives when the property owner dies. However, Hibah is legally created, and it is advised to consult and seek assistance from lawyers specialising in Hibah documentation.
[1] Section 2 of Muslim Wills (Selangor) Enactment 1999
About the Author: Nur Fathin Farina Mokhtar
