Trust Hibah Implementation Based on The Concept of Maslahah

Abstract

The centre of the trust hibah refers to the contract granting the hibah property to the grantee during the future life, naming an individual or entity (such as a bank) as trustee and accompanied by stipulations. In some cases, the implementation of trust hibah differs from conventional hibah, but it is tolerated for the benefit of the community.This study aims to discuss how the concept of maslahah works in meeting the needs of the Muslim community and achieving the wishes of the givers and recipients of hibah through the development of this trust hibah. The study used a qualitative method, in which primary data is collected from in-depth interviews. library methods and data will be analyzed by content analysis. The results of the study found that the development of trust hibah for the purpose of estate planning during life can achieve the concept of maslahah through four aspect: 1) the division of maslahah, 2) the order of precedence of maslahah, 3) the scope of maslahah, 4) maslahah from the standpoint of necessity. Therefore, it is hoped that this study will be an added value to the efforts of the responsible parties to preserve the property of Muslims and optimize its use in Malaysia.