Hibah as an Alternative Method of Distribution in Malaysia: The Importance of Using Social Media as a Medium in Raising Muslims’ Awareness About Hibah Products

Previous researches have proven that the problem of frozen assets in Malaysia is increasing every year where the amount reached RM70 billion in year 2020. In recent days, hibah has been suggested as one of the important methods in distributing Muslims’ properties in Malaysia. In fact, this effort is seen as an attempt to facilitate the issue of frozen assets in Malaysia. This situation has inspired the authors to raise the awareness among public on the importance of using hibah as an alternative method in Islamic estate planning in Malaysia. This study discovers that social media plays a vital role in raising the awareness about hibah among Muslims as it can be easily published and accessed by the public. It is hoped that this study will be beneficial for the public to understand the role of social media in disseminating information about hibah as an alternative distribution method and to also able to cater the issue of frozen assets in Malaysia. This study recommends for a future study to be carried out by other researchers to tackle the issue of the role of social media influencers in promoting hibah. This study applies a doctrinal legal approach where the data collection is based on a library-based research as well as observations on YouTube videos

Hibah as alternative to resolve inheritance issue among new Muslim converts (Muallaf) in Malaysia : an analysis

In Malaysia, Muslim converts (Muallaf) face certain difficulties including restrictions in inheritance. In this regard, Islam provides that the property of Muslims shall be inherited by Muslim heirs only. In other words, the general principle provides that non-Muslim heirs have no right in inheritance to property that belonging to Muslims. By taking into consideration the status and rights of family members of Muallaf in Malaysia, hibah is categorized as an alternative method of distribution, in addition to wasiat and other methods. In recent years, there has been an increasing interest in studying and promoting hibah (inter vivos gift) as one of the alternatives in distributing someone’s wealth, in addition to other methods. This paper applies a doctrinal legal research methodology where data collection involves primary and secondary sources which include Al-Quran, hadith, journal articles, constitution, statutes and case law. This study seeks to identify the extent hibah applies as an alternative to resolve the inheritance issue among the Muallaf and to provide some recommendations in proposing hibah law to be enacted in resolving this issue in Malaysia. To date, none of the authors has studied in detail drafting of hibah law to be enacted for resolving the inheritance issue concerning Muallaf in this country. This study discovers that a specific law on hibah could clarify its position and application in Malaysia where it can further be used as an alternative to resolve inheritance conflict affecting the heirs, especially non-Muslim, of Muallaf. Furthermore, it may also benefit various agencies such as religious departments, Shariah Court and other relevant agencies to preserve the rights of Muallaf in regard to their inheritance issues

JURISDICTIONAL CONFLICTS IN FACING COVID-19 PANDEMIC: AN ANALYSIS OF HIBAH CASES IN NEGERI SEMBILAN SYARIAH COURTS

In 2020, statistic reveals that a total number of 30 hibah cases have been registered in the Negeri Sembilan Syariah Courts. Interestingly, the total number of cases registered this year has decreased as compared to 51 cases for the previous year. This study analyses on the jurisdictions of the Syariah Courts in deciding hibah cases in Negeri Sembilan by taking into a consideration the recent outbreak of Covid-19. This study investigates the impacts of the Covid-19 pandemic on the number of hibah cases brought before the Syariah Courts in the state of Negeri Sembilan. For this purpose, this study applies a doctrinal legal approach where the data collection is based on a library-based research and the statistic data collected from Negeri Sembilan Syariah Courts. Analysis was done on several important cases concerning the jurisdiction of the courts. This study discovers that the Covid-19 pandemic has an effect on the number of registered and resolved cases pertaining to hibah in Negeri Sembilan Syariah Courts. This study recommends that electronic method such as e-proceeding to be fully implemented so as to enable the public to access the court easily. It is hoped that findings of this study will shed light on the issue of jurisdictions concerning hibah and beneficial in providing clear and precise information on the jurisdiction of the Syariah Courts in deciding hibah matters

An assessment of the effectiveness of field trips as a teaching and learning strategy: a case study of field trip to the Parliament / Nor Fadzlina Nawi and Amylia Fuziana Azmi

Field trips can be a valuable tool in making learning more engaging and provide unique opportunities for learning certain concepts, including legal concepts by putting them into a more realistic and relevant context. Research studies have shown that there is a significant increase in participants’ factual knowledge and conceptual understanding after participation in a well- designed field trip. Several important elements should be emphasized in designing a successful field trip. This paper initially discusses those elements and then reports on an investigation into a field trip to a Parliamentary Dewan Rakyat (House of Representatives) session in November 2015 for students enrolled into the Malaysian Legal Principles course. The report has two main objectives: to review the overall design of the field trip and to determine whether the trip has achieved its main objectives through reports written by 41 of the students’ participants. The findings suggest that although important elements in the design of the field trip were present, several other elements during the pre and post trip stages were not emphasized upon. However, responses from the students’ report confirmed that most of the students’ initial view of the Parliament’s role and importance has changed due to their observation of the session. This paper advocates that although planning and organizing a successful field trip involved a great deal of preparation, it would definitely benefit participants and should be made an integral part of teaching and learning strategy