FatwaSelangorInheritance, Wills & Gifts
Pandangan Hukum Syarak Penarikan Balik Hibah
Can a gift (hibah) that has been received be withdrawn, and under what conditions?
Short answer
A hibah that has been received may not be withdrawn, except a gift from a mother, father, grandmother or grandfather to a child or grandchild.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Selangor State Mufti Department
- Status
- Fatwa committee decision
- Series
- Keputusan Fatwa Tidak Diwartakan
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A hibah that has been received may not be withdrawn, except a gift from a mother, father, grandmother or grandfather to a child or grandchild. Withdrawal is subject to six conditions, including that the recipient has legal capacity to manage property, the gifted item is still owned by the recipient, the gift was not made in exchange for a return, and the item is not damaged. Withdrawal is not made on account of death, and the right does not pass to the donor's heirs. Withdrawal must be done through the Syariah Court.
Written in our own words from the original fatwa — check the source before acting on it.
Hibah yang telah berlaku terimaannya (qabd) tidak harus ditarik balik kecuali hibah daripada ibu, bapa, nenek atau datuk kepada anak atau cucunya, tertakluk kepada syarat-syarat berikut:
Read the full fatwa on the Selangor website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Selangor State Mufti Department. “Pandangan Hukum Syarak Penarikan Balik Hibah”, date not stated. https://www.muftiselangor.gov.my/2023/10/27/pandangan-hukum-syarak-penarikan-balik-hibah/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/can-a-hibah-be-withdrawn-conditions/