Publication Type

Journal Article

Version

publishedVersion

Publication Date

6-2023

Abstract

Malaysia, being a former English colony, inherited a corpus of English law which includes equity and trusts. In recent times, major banks, financial institutions, and trust companies have reimagined the English trust in combination with Islamic law, by offering an innovation called the hibah trust. This instrument represents the Islamisation of the English trust concept where the Islamic idea of the hibah, an inter vivos gift and the English trust is combined as a wealth management offering to clients. This article explores how the hibah trust works, reasons why institutions may be offering this hybrid instrument, and potential challenges to its validity both in the civil and Syariah court.

Discipline

Asian Studies | Estates and Trusts | Religion Law

Research Areas

Asian and Comparative Legal Systems

Publication

Asian Journal of Comparative Law

First Page

1

Last Page

16

ISSN

2194-6078

Identifier

10.1017/asjcl.2023.19

Publisher

Cambridge University Press

Copyright Owner and License

Authors

Creative Commons License

Creative Commons Attribution 4.0 International License
This work is licensed under a Creative Commons Attribution 4.0 International License.

Additional URL

https://doi.org/10.1017/asjcl.2023.19

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