At Azlina Law Chambers, we recognise the vital importance of Hibah and Wasiat as key instruments in Islamic estate planning. Both serve distinct but complementary roles in ensuring that property is distributed according to Syariah principles — helping to avoid disputes and promote harmony among heirs and beneficiaries.
Hibah is a voluntary gift or transfer of property (movable or immovable) made during the lifetime of the donor. It is a benevolent contract involving offer and acceptance (ijab and qabul), with full possession (qabd) granted to the recipient (donee) without any form of consideration. Unlike Wasiat, there are no restrictions on the value of property given through Hibah, and recipients are not limited to Muslims.
Wasiat refers to a declaration made by a Muslim during their lifetime, directing that part of their estate be distributed for charitable purposes or lawful beneficiaries after death. Under Syariah law, only up to one-third of the net estate (after funeral expenses and debts) may be bequeathed to non-heirs, and if an heir is named as a beneficiary, the consent of all other heirs is required. A Wasiat also allows for the appointment of an Executor (Wasi) and a Trustee for the care of minor dependents.
Both Hibah and Wasiat must be carefully structured in accordance with Islamic legal requirements to ensure their validity and effectiveness. When done properly, they can prevent inheritance disputes and ensure your estate is managed as intended.
Our experienced team is ready to guide you through every step of the process with professionalism, sensitivity, and full compliance with Hukum Syara’.