Hibah and faraid are two fundamental concepts in Islamic wealth distribution and estate planning. Both involve the transfer of ownership of assets, but they differ significantly in terms of timing, control, legal authority, and distribution method.
Understanding the difference between hibah and faraid is essential for Muslims who want to manage their wealth properly and ensure financial protection for their loved ones.
SECTION 1: DEFINITION OF HIBAH
Hibah is a voluntary gift or transfer of ownership of an asset from a donor to a recipient during the donor’s lifetime, without expecting any payment or compensation.
Key characteristics of hibah:
Takes effect while the donor is alive
Voluntary and unconditional
No payment required
Immediate transfer of ownership
Example:
A father transfers ownership of his house to his daughter while he is still alive. The daughter becomes the legal owner immediately.
This asset will no longer be part of the father’s estate after his death.
SECTION 2: DEFINITION OF FARAID
Faraid refers to the Islamic inheritance system that distributes a deceased person’s estate among eligible heirs according to fixed proportions prescribed in the Quran and Islamic law.
Key characteristics of faraid:
Takes effect after death
Distribution is mandatory
Shares are fixed by Islamic law
Cannot be changed based on personal preference
Example:
When a man dies, his assets are distributed among his wife, children, and parents according to Islamic inheritance rules.
SECTION 3: SOURCE OF AUTHORITY
Hibah:
Based on voluntary decision of the donor
Permitted in Islamic law
Donor has full authority
Faraid:
Based on Quran and Islamic law
Mandatory distribution system
No personal control after death
Faraid is mentioned specifically in Surah An-Nisa.
SECTION 4: TIMING OF OWNERSHIP TRANSFER
Hibah:
Ownership transfer occurs immediately during the donor’s lifetime
Faraid:
Ownership transfer occurs only after death
This is the most important difference.
SECTION 5: CONTROL OVER ASSET DISTRIBUTION
Hibah:
Donor has full control
Donor chooses who receives the asset
Faraid:
No control after death
Distribution follows Islamic law
The deceased cannot change faraid distribution.
SECTION 6: ELIGIBLE RECIPIENTS
Hibah:
Can be given to anyone, including:
Children
Spouse
Friends
Adopted children
Non-family members
Faraid:
Only legal Islamic heirs can receive inheritance, including:
Spouse
Biological children
Parents
Adopted children do not automatically qualify under faraid.
SECTION 7: FLEXIBILITY OF DISTRIBUTION
Hibah:
Flexible
Donor can give entire asset to one person
Faraid:
Not flexible
Distribution follows fixed proportions
Example:
Son receives double the share of daughter.
SECTION 8: LEGAL AND ADMINISTRATIVE PROCESS
Hibah:
Transfer occurs during lifetime
No inheritance process required
Faraid:
Requires inheritance process
Estate administration required
May involve court and legal procedures.
SECTION 9: RISK OF ASSET FREEZING
Hibah:
No freezing of assets
Ownership already transferred
Faraid:
Assets may be frozen temporarily
Until inheritance process is completed
This may delay access to assets.
SECTION 10: PURPOSE AND OBJECTIVES
Purpose of hibah:
Protect specific individuals
Provide immediate financial security
Avoid inheritance disputes
Purpose of faraid:
Ensure fair and just distribution
Protect rights of all legal heirs
Both serve important roles.
SECTION 11: REAL-LIFE EXAMPLE COMPARISON
Scenario without hibah:
A husband dies leaving a house.
The house will be distributed among:
Wife
Children
Parents
Wife may not receive full ownership.
Scenario with hibah:
If husband transfers house to wife through hibah while alive:
Wife becomes full owner
House is not part of inheritance
SECTION 12: ADVANTAGES OF HIBAH
Provides control over asset distribution
Protects spouse and dependents
Avoids inheritance disputes
Ensures faster ownership transfer
Avoids legal delays
SECTION 13: ADVANTAGES OF FARAID
Ensures fair and balanced distribution
Protects rights of all heirs
Prevents unfair exclusion
It is divinely prescribed.
SECTION 14: CAN HIBAH AND FARAID BE USED TOGETHER?
Yes.
Example:
Some assets transferred through hibah
Remaining assets distributed through faraid
This is common in estate planning.
SECTION 15: LEGAL RECOGNITION IN MODERN SYSTEMS
Hibah is legally recognized in many Islamic countries including Malaysia.
It is often used in:
Property transfer
Takaful nomination
Trust planning
Faraid remains the default inheritance system.
SECTION 16: SUMMARY TABLE OF DIFFERENCES
Timing:
Hibah: During lifetime
Faraid: After death
Control:
Hibah: Full control by donor
Faraid: No control after death
Recipients:
Hibah: Anyone
Faraid: Only legal heirs
Flexibility:
Hibah: Flexible
Faraid: Fixed shares
Legal process:
Hibah: Immediate transfer
Faraid: Requires inheritance process
CONCLUSION
Hibah and faraid are both important tools in Islamic wealth distribution, but they serve different purposes.
Hibah provides flexibility and control during the donor’s lifetime, while faraid ensures fair and mandatory inheritance distribution after death.
Understanding both systems allows individuals to plan their estate effectively, protect their loved ones, and comply with Islamic principles.
Tiada ulasan:
Catat Ulasan