The Islamisation of the English Trust
The Hibah Trust in Malaysia
Bibliographic Data
| ID | 21832801 |
|---|---|
| Authors | Hang Wu Tang (0000-0001-7785-5144, Singapore Management University, corresponding author) |
| Year | 2023 |
| Volume | 18 |
| Issue | 3 |
| Pages | 303-318 |
| Publication date | 2023-12-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Asian Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 1932-0205 • E-ISSN: 2194-6078 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/asjcl.2023.19 |
| OpenAlex | W4382559879 |
| Language | EN |
| References cited | 12 |
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
Business · Islam · Political science · Public relations · Trust law · Asian Studies and History · History · Islamic Finance and Banking Studies · Law · Linguistic, Cultural, and Literary Studies · Accounting
| Citation velocity | historical |
|---|---|
| Highly cited | No |