Hibah and Wasiat are two important instrument in property planning according to Islamic law. Hibah is a grant of property (movable or immovable) that occurs during the life of the Donor, while wasiat is a gift of property that occurs after the death of the testator.
A benevolent contract of an offer and acceptance (ijab and qabul), between the donor and the donee (the recepient), wherein the donor transfer the possession (qabd) of the property (the gift) to the donee without any consideration and the transaction has a full effect during the lifetime of the donor.
A declaration made by a Muslim during his lifetime in respect of his property and benefit thereof for the purpose of charity or any lawful reason regarded by Syariah and it is to be carried out after his death. Further, the recipient of the Wasiat is confined to Muslim only. If the heir of the deceased is to be listed as one of the recipient of Wasiat, the consent of all the heirs of the deceased must be obtained.
Portion of property that can be bequeathed by a testator in accordance of Wasiat with Islamic Law requirements is limited to one third of the net assets available at the time of death, after deducting the amount used for the testator’s funeral expenses and debts settlement (if any) to non beneficiaries.
Other than that, by preparing Wasiat, the testator may appoint the Executor to administor the estate and trustee for minor.
Further, the Hibah has no restriction on maximum amount of the Hibah property, and the donee of the hibah is not confined to the Muslim only.
Both of these instruments are encouraged in Islam and it is done properly in accordance with the requirements of Hukm Syara’, whereby we can prevent disputes and property quarrel.
— Legal Consultation prior to the drafting of Hibah Declaration and Wasiat
— Drafting Hibah Declaration and Wasiat
— Prepare documents to obtain Sijl Pengesahan Hibah
— Execute Hibah Declaration and Wasiat
— Secure the Hibah Declaration and Wasiat documents
— Appointment of Executor (Wasi) or Trustee