Suchergebnisse

Hibah or Islamic inter-vivos plays a vital role in reducing unclaimed inheritance estate problems, aiding recipients, and expecting recipients' care. However, there are cases of withdrawn hibah that have been argued in the court. This study was performed to understand this problem by interviewing hibah experts in Malaysia. Thematic analysis was applied to find an overview of why donors withdraw their hibah by interviewing 19 respondents who are hibah experts in Malaysia. There were two main themes which were 'Donor's desire' and 'Recipient's attitude.' 'Donor's desire' can be understood by the desire of donor to get benefits from the property that has been perfectly transferred or if the donor still resides on the property. Meanwhile, 'Recipient's attitude' describes a change in recipients' attitude such as ignoring and expelling the donors from the transferred property. The recipients also might sell the transferred property. This reason leads to donors wanting to withdraw their hibah. This study's findings recommend that absolute hibah needs to be replaced with hibah legal documentation or living trust. These types of hibah are recognized by Sharī'ah and Civil law and enable the donors to withdraw their hibah during lifetime. This study is the first attempt to discuss profoundly withdrawn hibah in qualitative approach. The paper offers an additional study on hibah practice in Malaysia. Keywords: Thematic analysis, Hibah, Islamic inheritance, Inter-vivos, Withdrawn hibah.

PurposeThe current study examines the factors that affect trust and donation intention in donation-based crowdfunding.Design/methodology/approachThe present study utilized web-based questionnaires to examine the donation intention of Malaysian donors in donation-based crowdfunding, employing the information system success (ISS) framework. The collected data were investigated using partial least square structural equation modeling (PLS-SEM).FindingsThe findings of the study indicate that information quality, service quality and system quality have a significant positive effect on trust in donation-based crowdfunding. Additionally, donation intention in donation-based crowdfunding is significantly and positively influenced by information quality, service quality and trust.Practical implicationsThe study's results can be used by donation-based crowdfunding platforms to enhance their information, service and system quality to increase donor trust and intention to donate, including improving the platform's design, navigation, aesthetics, comprehensibility of content, providing timely customer support and regularly updating and maintaining the system.Originality/valueBy exploring the relationship between information quality, service quality, system quality, trust and donation intention, this study contributes to the existing knowledge on donors' behavior in crowdfunding.Peer reviewThe peer review history for this article is available at: https://publons.com/publon/10.1108/IJSE-04-2023-0291

This paper aims to analyze the issues concerning the implementation of binding precedent in Malaysian cases, and propose a re-evaluation of the binding precedent doctrine. The qualitative approach was employed to indicate the issues related to the doctrine of binding precedent by analyzing relevant cases. These cases were selected to propose the re-evaluation of the binding precedent doctrine as practiced by the Malaysian dual-judicial system. The main issue to be discussed regarding the doctrine of binding precedent is interference by the Civil Court on Islamic matters and Syariah Court decisions, which lead to inconsistency in judgments, even after the amendment of Article 121(1A) of the Federal Constitution. This study proposes that the application of binding precedent should be re-evaluated to ensure that the principles of justice are upheld. Court judges should decide cases based on merit, and only use previous judgments as guidance for present and future cases.

This study aims to identify the key points of the FELDA land inheritance issues and their possible solutions. Land (Group Settlement Areas) Act 1960 was analyzed as it is the main act that regulates FELDA land management. This study discovered that Section 14 limits the land holding to not more than two holders while Section 15 prohibits subdividing or partitioning over FELDA land holding. An administrator is appointed to manage the land on behalf of other heirs and this practice poses risk as the administrator may fail to execute the trust. Hence, inter vivos gift is proposed to address this problem. It was also found that status of FELDA land holding is considered as ‘Conditional Holding’ since it limits the number of registered holders and authorisation to inherit the FELDA land to the second FELDA settlers generation This study concluded that inter vivos gift is legal and this is evidenced from the Section 215, National Land Code 1965 which demonstrates that FELDA land holding can be transferred to the second generation via ‘Form 14A’ at the land offices with the consent from the State Authority and FELDA management as specified in the Land (Group Settlement Areas) Act 1960.