FatwaJohorInheritance, Wills & Gifts
HIBAH SECARA LISAN TANPA BUKTI
Can an oral gift (hibah) with no proof or witnesses be enforced when other entitled heirs exist?
Short answer
An oral hibah that cannot be proven by documents and was not witnessed by two other witnesses (not the recipient) cannot be enforced where another entitled heir, such as the husband, exists.
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
An oral hibah that cannot be proven by documents and was not witnessed by two other witnesses (not the recipient) cannot be enforced where another entitled heir, such as the husband, exists. In this situation, the deceased's estate is to be distributed according to the faraid rules set by Islamic law.
Written in our own words from the original fatwa — check the source before acting on it.
Oleh itu, pembahagian harta si mati perlulah mengikut hukum faraid yang telah ditetapkan oleh syara'.
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. “HIBAH SECARA LISAN TANPA BUKTI”, 12 May 2010. https://said.johor.gov.my/perkhidmatan/paparan_detail_fatwa.php?id=571. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/oral-hibah-without-proof-or-witnesses/