In recent years, I have seen a strong shift in Malaysia’s financial and estate planning industry — clients are no longer looking for products that are merely financially effective. They are seeking solutions that are both legally robust and Syariah-compliant.
One concept that perfectly bridges these two worlds is Hibah Amanah.
Before we explore its modern applications, let us return to the fundamentals.
What is Hibah?
In Islamic law, Hibah is a voluntary gift given by a living person to another without expecting anything in return.
It is completed when there is an ijab (offer) and qabul (acceptance), and the asset is delivered to the recipient.
The Qur’an repeatedly encourages generosity:
● Surah Al-Baqarah (2:177) –
“…but [true] righteousness is [in] one who…gives wealth, in spite of love for it, to relatives, orphans, the needy…”
● Surah Al-Insan (76:8-9) –
“And they give food in spite of love for it to the needy, the orphan, and the captive…”
The Prophet ﷺ also emphasised gift-giving:
“Exchange gifts, as that will lead to increasing your love for one another.” (Hadith, Bukhari)
Hibah, therefore, is not just a legal act — it is an act of love, compassion, and relationship building.
What is Amanah?
Amanah means trust — the responsibility to hold, manage, and safeguard property for the benefit of someone else.
In legal terms, a trustee holds a fiduciary duty to act honestly and in the best interest of the beneficiary.
The Qur’an commands this duty clearly:
● Surah An-Nisa (4:58) –
“Indeed, Allah commands you to render trusts (amanah) to whom they are due…”
In practice, amanah may be for a set time or until certain conditions are fulfilled — for example, when a child reaches maturity or when a specific purpose is achieved.
Bringing Them Together – Hibah Amanah
When Hibah and Amanah are combined, the result is a powerful Syariah-compliant wealth transfer tool:
- The giver (settlor) makes a hibah to the receiver (beneficiary).
- The trustee holds and manages the hibah property on behalf of the receiver until the agreed conditions are met.
In financial products, many Hibah Amanah arrangements are conditional hibah — meaning the gift only takes effect upon a trigger event, typically the death of the giver.
This differs from the Mazhab Syafie definition of hibah, which generally requires an immediate transfer of ownership during the giver’s lifetime. Here, the product’s trust structure allows a deferred but legally enforceable transfer.
Applications in Financial Products and Their Trustees
1. Takaful Policies – Conditional Hibah
- The policyholder names a nominee as trustee, not as an absolute beneficiary.
- Upon death, the takaful operator pays the proceeds to the nominee-trustee for distribution to the hibah recipient.
- Governed by Islamic Financial Services Act 2013, s. 142, which recognises hibah nomination in takaful.
- Trustee role: The nominee acts as trustee (unless structured as absolute hibah, in which case the nominee is beneficiary).
- This is a conditional hibah — only effective upon the death of the giver.
- Benefit bypasses faraid and probate, ensuring faster access for dependants.
2. ASB / ASNB Unit Trusts – Hibah Amanah Ruqba (Conditional)
- The investor gifts certain units to a beneficiary but retains trustee rights to manage, buy, or sell during lifetime.
- Upon the trigger event (death), any remaining units are transferred to the beneficiary.
- This follows the hibah Ruqba concept — a gift dependent on the survival of the giver or receiver.
- Trustee role: ASNB itself acts as trustee of the units under the Hibah Amanah arrangement, administering them until transfer upon death.
- Governed by Trustee Act 1949 and Capital Markets and Services Act 2007.
- Advantage: Claims are processed much faster than probate, often within 30 days.
3. Tabung Haji Savings – Hibah Amanah Mutlak (Absolute)
- The depositor gifts a fixed amount from their Tabung Haji account to the beneficiary and holds it strictly as trustee during lifetime.
- The trustee (giver) cannot use or withdraw the gifted amount for personal purposes.
- Upon death, Tabung Haji steps in as substitute trustee to execute the transfer of the stated amount to the beneficiary.
- This is a Hibah Amanah Mutlak — ownership is recognised from the time of the gift.
- Governed by Tabung Haji Act 1995.
4. Private Wealth Mandates
- Common in high-net-worth succession planning.
- Clients gift assets via hibah and appoint a licensed trust corporation or private trust company as trustee.
- Often used to stagger distributions, preserve control, and prevent premature dissipation of assets.
5. Corporate Shareholding
- Hibah Amanah used to transfer company shares smoothly to successors while retaining operational oversight until the business transition is complete.
Benefits for Clients
- Avoids faraid disputes by transferring ownership during lifetime or at a defined trigger event.
- Immediate or prompt access for beneficiaries — avoiding long probate delays.
- Customisable conditions for education, special needs, or staged distribution.
- Syariah assurance when properly documented and aligned with relevant statutes and fatwa.
Key Considerations
- Legal documentation must be legally sound and Syariah-compliant — verbal promises are risky.
- Trustee selection is critical — corporate trustees offer continuity and impartiality.
- Must align with State fatwa, Bank Negara Malaysia guidelines, and relevant statutes.
Conclusion
Hibah Amanah is more than a legal document — it is a bridge between the timeless generosity encouraged in Islam and the modern realities of wealth and succession planning.
In my 25 years as a Syariah-compliant wealth management lawyer, I have seen how well-structured Hibah Amanah — whether immediate or conditional — can protect families, prevent disputes, and preserve legacies.
It is time for professionals in the banking, trust, and legal sectors to work together to refine these structures so that our financial products do not just manage wealth, but also honour faith, family, and future generations.
For further information, please contact:
Tuan Jaji Mohamad Redzuan Idrus, Azmi & Associates
redzuan@azmilaw.com
