Hibah-rukba is one part of hibah which has been practiced during jahiliyyah period. They observe the death of the hibah's receipient to take back their hibah. Then when Islamic Shariah comes into existence, it affirms the hibah concept and disregards the condition of returning the hibah to the donor because He who takes back his present is like him who swallows his vomit. But If the donor clearly mentioned the donation is for the donee during his life time, in this case, it becomes 'ariyah which must be return to the donor because the Muslims are obliged to follow their conditions.

1. HIBAH RUQBA
AZIEZ Salah eddine G1321317
Mohd Nazmi Salleh G1417951
Samsul Bahri G1223501

2. Outline
• Introduction
• Definition
• Legal status
• Application
• Conclusion

3. Introduction
Hibah-rukba is one part of hibah which has been
practiced during jahiliyyah period.
They observe the death of the hibah's receipient to take
back their hibah. Then when Islamic Shariah comes
into existence, it affirms the hibah concept and
disregards the condition of returning the hibah to the
donor because He who takes back his present is like
him who swallows his vomit.
But If the donor clearly mentioned the donation is for the
donee during his life time, in this case, it becomes
'ariyah which must be return to the donor because the
Muslims are obliged to follow their conditions.

4. Definition
• Al ruqba derived from word irtiqab
(to observe or waiting) because each
party observes the death of other
party.

5. Cont..
• Hibah ruqba:
according to jumhor is “a conditional gift
determined by the hibah giver whereby the
hibah property will be owned by the hibah
recipient in case the hibah giver dies. But if
the hibah recipient dies before the hibah
giver, the hibah shall be returned to the hibah
giver.

6. Cont..
according to Imam Malik did not define Hibah
Ruqba and disallowed when the Ruqba is
interpreted to him, like two parties and each
one have house then each one said to the
other party if you died before me my house
and your house is hubus for you and vice
versa(notion of two properties).

7. The legal status of Hibah Ruqba
• 1. Abu Hanifah and Muhammad al – Shaibani
reject the ruqba contract. Their views are
guided by the sayings of the Prophet p.b.u.h
(meaning) reported by Zaid Ibn Tsabit: “Do not
give (hibah) by way of ruqba.” (Narrated by
Abu Daud) And they consider it as ‘ariyah and
the giver may take it anytime.

8. Cont..
• 2. The later Shafie scholar, Hanbali scholars,
and Abu Yusuf accept the gift contract but
reject the condition requiring return of the gift
to the donor. Their views are guided by the
hadith reported by Jabir (Meaning): “(hibah)
`umra and ruqba are allowed for them”
Narrated by Abu Daud and Nasai.
• 3. Maliki scholars: reject the ruqba contract as
Hanafi scholars and allowed Umra.

9. Arguments
• For Hanafi and Maliki scholars
Ruqba is rejected because of mukhatarah concept
(risk), which means the transaction is unclear.
If Ruqba is signed and discovered before death of
two parties the ruqba is annulated. And if
discovered after their death the gift will return to
the death party or his heirs and never consider it
as hubus (waqf) because the contract is invalid.
• For Shafie and Hanbali scholars Their views are
guided by hadiths.

10. Application
• Studies on ruqba were conducted with
the intention of finding a solution to the
possible emergence of dispute when one
of the account holders of the joint
account dies.

11. Cont..
• According to the normal practice of unit trust
funds, when one of the account holders dies,
the other living person is entitled to the whole
amount in the said fund. This practice is based
on the “survivorship” method.

12. Cont..
• The SAC at its 44th meeting on 15 January
2003, passed a resolution to accept the use of
hibah ruqba principle as the Shariah basis in
implementing the hibah declaration forms
for transactions involving joint unit trust fund
accounts, especially for Muslim account
holders.

13. Cont..
• In Malaysia there are provisions governing hibah in
general. This matter of Hibah available in the provisions
which explain about the Syari’ah Courts jurisdiction as
included in the Item 1, List II of the Ninth Schedule of the
Federal Constitution that states:
• “Except regarding the Federal Territory of Kuala Lumpur,
Labuan and Putrajaya, the Islamic law and the self and
family laws of the Muslims, including Islamic law with
regards to inheriting intestate or non-intestate properties,
engagement, marriage, divorce, dowry, maintenance,
adoption, status of children, child custody, gift,…

14. Cont..
Example of the hibah ruqba practised by the insurance
company in Malaysia can be seen in the Ikhlas Takaful
Application Form provided by Takaful Ikhlas Berhad
where it mentioned that ‘’I as Takaful Participant for
this Takaful Plan which will be issued by the Takaful
Ikhlas Berhad (hereinafter known as the Company)
hereby gives the takaful certificate to the person
covered as a Hibah. If the person covered dies first, the
takaful certificate will be return to me while if I dies
first before the maturity with the terms and conditions
stated in the takaful certificate, then the takaful
certificate will be belong to covered person’’.

15. Cont..
• This practise(by the insurance company ) of
hibah ruqba is in accordance with Maliki’s
view which involves two exchangeable
properties by two parties.

16. Conclusion
• Although there are differences of hukm in hibah ruqba
among Islamic jurists, these differences resulted on the
difference definitions given by them. Nevertheless it does
not legitimize what ALLAH prohibited.
• Hibah ruqba, according to Shafie and Ahmad’s schools is
considered as hibah but reject the condition requiring
return of the gift to the donor, and this considered as
a’riyah from Hanafi’s view. and Maliki’s school reject the
ruqba like two parties said to the other party if you died
before me my house and your house is belong to me and
vice versa, because each party observe the death of other
party.
• However, it is the same hibah ruqba practiced by Takaful
Ikhlas Berhad.

17. Cont..
• A hadith narrated by Imam Ahmad, “ A person
will not enter paradise, if his growth is derived
from haram or illegal means or efforts