E-Jurnal

PENGGUNAAN HIBAH BERSYARAT (BERTAʻLĪQ) DALAM MASALAH PEMBAHAGIAN MANFAAT TAKAFUL: ANALISIS HUKUM. E-Jurnal

---

This study seeks to shed light on the issue of conditional hibah,
which has been adopted in the Islamic Financial Services Act
2013 (IFSA 2013) and resolved by the Syariah Advisory Council
of Bank Negara Malaysia, pertaining to the payment of takaful
benefits upon the death of a takaful participant. However, both
IFSA 2013 and the resolution by SAC Bank Negara do not
differentiate between portions of takaful benefit taken from
Participant’s Investment Fund and their Tabarruʻ Fund which
may lead to the understanding that both portions may be given
as hibah contingent on death. To understand the true nature of
conditional hibah and to ascertain the Shariah ruling for both
portions constituting the takaful benefit, this study dependslargely on literature research where classical and modern
texts are referred to. This study preliminarily concludes that a
conditional hibah turns into waṣiyyah and the general rulings
shall apply, for a person is only allowed to spend one third of
his property on succession; as for the remaining two thirds, the
rights pertaining to its governance falls absolutely under Allah’s.
Therefore, it is necessary to differentiate between rulings for
money withdrawn from the Participant’s Investment Fund and
the money generated from the commitment of the Tabarruʻ Fund
towards the deceased, in which it is his or her right to proceed
with the claim. Hence, the first portion of money cannot be made
as conditional hibah on death because it turns into waṣiyyah.
However, for the other portion; making a conditional hibah of
this benefit post-mortem of the insured participant is perhaps
allowed because the deceased had not assigned a new owner for
his property; it is as if he stipulated upon the takaful fund to pay
the benefit to the proposed beneficiary

---

Ketersediaan

Informasi Detail

Judul Seri

-

No. Panggil

2X4.591

Penerbit

: jurnal syariah., 2017

Deskripsi Fisik

p 51-74

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

2X4.591

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

Vol. 25, No. 1

Subjek

HUKUM ISLAM

Info Detail Spesifik

-

Pernyataan Tanggungjawab

-

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar