HIBAH RUQBA

AZIEZ Salah eddine G1321317

Mohd Nazmi Salleh G1417951

Samsul Bahri G1223501

Outline

• Introduction

• Definition

• Legal status

• Application

• Conclusion

Introduction

Hibah-rukba is one part of hibah which has beenpracticed during jahiliyyah period.

They observe the death of the hibah's receipient to takeback their hibah. Then when Islamic Shariah comesinto existence, it affirms the hibah concept anddisregards the condition of returning the hibah to thedonor because He who takes back his present is likehim who swallows his vomit.

But If the donor clearly mentioned the donation is for thedonee during his life time, in this case, it becomes'ariyah which must be return to the donor because theMuslims are obliged to follow their conditions.

Definition

• Al ruqba derived from word irtiqab(to observe or waiting) because eachparty observes the death of otherparty.

Cont..

• Hibah ruqba:

according to jumhor is “a conditional giftdetermined by the hibah giver whereby thehibah property will be owned by the hibahrecipient in case the hibah giver dies. But ifthe hibah recipient dies before the hibahgiver, the hibah shall be returned to the hibahgiver.

Cont..

according to Imam Malik did not define HibahRuqba and disallowed when the Ruqba is interpreted to him, like two parties and each one have house then each one said to the other party if you died before me my house and your house is hubus for you and vice versa(notion of two properties).

The legal status of Hibah Ruqba

• 1. Abu Hanifah and Muhammad al – Shaibanireject the ruqba contract. Their views areguided by the sayings of the Prophet p.b.u.h(meaning) reported by Zaid Ibn Tsabit: “Do notgive (hibah) by way of ruqba.” (Narrated byAbu Daud) And they consider it as ‘ariyah andthe giver may take it anytime.

Cont..

• 2. The later Shafie scholar, Hanbali scholars,and Abu Yusuf accept the gift contract butreject the condition requiring return of the giftto the donor. Their views are guided by thehadith reported by Jabir (Meaning): “(hibah)`umra and ruqba are allowed for them”Narrated by Abu Daud and Nasai.

• 3. Maliki scholars: reject the ruqba contract asHanafi scholars and allowed Umra.

Arguments

• For Hanafi and Maliki scholars

Ruqba is rejected because of mukhatarah concept(risk), which means the transaction is unclear.

If Ruqba is signed and discovered before death oftwo parties the ruqba is annulated. And ifdiscovered after their death the gift will return tothe death party or his heirs and never consider itas hubus (waqf) because the contract is invalid.

• For Shafie and Hanbali scholars Their views areguided by hadiths.

Application

• Studies on ruqba were conducted withthe intention of finding a solution to thepossible emergence of dispute when oneof the account holders of the jointaccount dies.

Cont..

• According to the normal practice of unit trust funds, when one of the account holders dies, the other living person is entitled to the whole amount in the said fund. This practice is based on the “survivorship” method.

Cont..

• The SAC at its 44th meeting on 15 January2003, passed a resolution to accept the use ofhibah ruqba principle as the Shariah basis inimplementing the hibah declaration formsfor transactions involving joint unit trust fundaccounts, especially for Muslim accountholders.

Cont..

• In Malaysia there are provisions governing hibah ingeneral. This matter of Hibah available in the provisionswhich explain about the Syari’ah Courts jurisdiction asincluded in the Item 1, List II of the Ninth Schedule of theFederal Constitution that states:

• “Except regarding the Federal Territory of Kuala Lumpur,Labuan and Putrajaya, the Islamic law and the self andfamily laws of the Muslims, including Islamic law withregards to inheriting intestate or non-intestate properties,engagement, marriage, divorce, dowry, maintenance,adoption, status of children, child custody, gift,…

Cont..

Example of the hibah ruqba practised by the insurancecompany in Malaysia can be seen in the Ikhlas TakafulApplication Form provided by Takaful Ikhlas Berhadwhere it mentioned that ‘’I as Takaful Participant forthis Takaful Plan which will be issued by the TakafulIkhlas Berhad (hereinafter known as the Company)hereby gives the takaful certificate to the personcovered as a Hibah. If the person covered dies first, thetakaful certificate will be return to me while if I diesfirst before the maturity with the terms and conditionsstated in the takaful certificate, then the takafulcertificate will be belong to covered person’’.

Cont..

• This practise(by the insurance company ) ofhibah ruqba is in accordance with Maliki’sview which involves two exchangeableproperties by two parties.

Conclusion

• Although there are differences of hukm in hibah ruqbaamong Islamic jurists, these differences resulted on thedifference definitions given by them. Nevertheless it doesnot legitimize what ALLAH prohibited.

• Hibah ruqba, according to Shafie and Ahmad’s schools isconsidered as hibah but reject the condition requiringreturn of the gift to the donor, and this considered asa’riyah from Hanafi’s view. and Maliki’s school reject theruqba like two parties said to the other party if you diedbefore me my house and your house is belong to me andvice versa, because each party observe the death of otherparty.

• However, it is the same hibah ruqba practiced by TakafulIkhlas Berhad.

Cont..

• A hadith narrated by Imam Ahmad, “ A person will not enter paradise, if his growth is derived from haram or illegal means or efforts