FatwaJohorInheritance, Wills & Gifts
PANDANGAN DAN ULASAN BERKENAAN PELAKSANAAN HIBAH BERSYARAT
Is a conditional gift using the umra and ruqba formulation valid in Johor, and what is the effect of its condition?
Short answer
The Johor State Fatwa Committee ruled that a hibah made with the umra and ruqba wording is valid and applicable, following the majority of scholars and the preferred view of the Shafi'i school.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Johor State Mufti Department
- Date
- Status
- Fatwa committee decision
- Series
- Fatwa Negeri Johor
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The Johor State Fatwa Committee ruled that a hibah made with the umra and ruqba wording is valid and applicable, following the majority of scholars and the preferred view of the Shafi'i school. The condition attached to the wording is void and has no effect. Ownership passes to the recipient, and if the recipient dies first, the property does not revert to the donor but becomes part of the recipient's estate for their heirs. If the recipient has no heirs, the Baitulmal is entitled to the property.
Written in our own words from the original fatwa — check the source before acting on it.
Menurut Jumhur Ulama dan pendapat yang muktamad dalam Mazhab As-Syafie Sighah Hibah Umra Dan Ruqba adalah sah dan terpakai.
Read the full fatwa on the Johor website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Johor State Mufti Department. “PANDANGAN DAN ULASAN BERKENAAN PELAKSANAAN HIBAH BERSYARAT”, 27 December 2017. https://said.johor.gov.my/perkhidmatan/paparan_detail_fatwa.php?id=482. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/conditional-hibah-umra-ruqba-ruling/