Hibah bertaʻlīq dan penggunaannya dalam takaful: Kajian dari perspektif fiqh / Mohd Kamil Ahmad
Islamic jurists in general are in dissension on the permissibility of stipulating conditions in hibah. Although the majority do not allow the condition, but still there is opinion that validates it. Basing on the opinion that allows conditions in hibah, this study seeks to explore the suitability...
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| Format: | Thesis |
| Published: |
2017
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| Subjects: | |
| Online Access: | http://studentsrepo.um.edu.my/7503/1/All.pdf http://studentsrepo.um.edu.my/7503/6/kamil.pdf http://studentsrepo.um.edu.my/7503/ |
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| Summary: | Islamic jurists in general are in dissension on the permissibility of stipulating conditions
in hibah. Although the majority do not allow the condition, but still there is opinion that
validates it. Basing on the opinion that allows conditions in hibah, this study seeks to
explore the suitability and limitations in the implementation of conditional hibah in
takaful, especially in issues regarding the distribution of takaful benefit to particular
nominee as chosen by takaful participant, issues of surplus sharing between takaful
operator and participant, and methods of remunerating takaful agents for their sales. This
study is qualitative in nature and it depends heavily on library research and document
analysis. As a complementary, interview method is also used in order to obtain additional
information pertaining the actual practices in the takaful industry. The findings suggest
that the conditional hibah is a feasible concept and it is adoptable as a viable solution for
the mentioned takaful issues. However, the implementation of this concept needs to be in
line with several important rules. First: Any condition stipulated in hibah does not change
its nature from tabarruʻ to muʻāwaḍah; if this happens, the special characteristic of hibah
in which it is not affected by elements of riba, gharar, and jahālah, will no longer exist.
Second: The stipulated condition does not change hibah into a form of contract with
nearly similar characteristics, for example: a will or a juʻālah, as it is no longer a hibah
and therefore has to submit to rules of the new contract. |
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