Hibah Act · 2021 Revised Edition · Part · Hiba h
8. Conditional ltibah
Official textFrom Attorney General's Chambers, unchanged
Where a donor makes a hibah to a donee with conditions or restrictions as to the possession, disposal or use of the property, the conditions or restrictions shall be void but the hibah shall be valid and the donee shall have absolute ownership of that property.
hibah
"hibah" means the transfer of the possession of a property of the donor made voluntarily and without any consideration by the donor to the donee during the lifetime of the donor;
A makes a hibah to B of a house with the condition that it is for B's lifetime only and when B dies the house will revert to A. The hibah is valid but the condition is void and B shall have absolute ownership of the house and after the death of B, the house will be for B's heirs. and if B has no heirs, that house will be for Bai/ulnzal.
A makes a hibah to B of a house with the condition that if B dies before A. the house will revert to A and if A dies before B, the house will be for B. The hibah is valid but the condition is void and B is the absolute owner of the house and after the death of
B, the house will be for B's heirs and if B has no heirs, the house will be for Baitulmal.
A makes a hibah to B of a house with the condition that B and his heirs will not sell that house. The condition is void but the hibah is valid and B shall have the absolute ownership of the house.
Terms defined in s 2
hibah
Defined · s 2"hibah" means the transfer of the possession of a property of the donor made voluntarily and without any consideration by the donor to the donee during the lifetime of the donor;
property
Defined · s 2"property" means any valuable and saleable thing according to Hukum Syara', but does not include debt for the purpose of making a hibah thereof to any person except the debtor;