CONCEPT OF HIBAH CHARGED PROPERTY AS A PROPERTY PLANNING AND MANAGING INSTRUMENT IN MALASIAS PRACTICE

Concept of transferring charged property through hibah has been practised as one of instruments during someones lifetime. However, the concept becomes the debate among scholars as the property still in refund period and has liabilities which need to be cleared first. Bank as the chargor will not allowed the asset being transferred. Therefore, problems regarding how far the concept will be permitted arise because it effects the rights of the receiver and the bank as the holder of the collateral. The purpose of this research is to analyse the concept of hibah charged property and the effects on ownerships if the transaction is permitted. The data required from primary and secondary sources such as scriptures, past articles which are related to the concept of hibah charged property. The outcome of this research claims that hibah charged property is legal among some scholar opinions under certain conditions. The concept of hibah charged property can be considered as one method of effective planning but with supervision from the authority, through legal ways and such.