Analysis

As mentioned above, we have conducted an interview session with Mr. Muhammad Nazmi Kamis, a Syarie lawyer of Messrs. Nazmi Azhar & Associates regarding our topic which is Hibah ‘Umra. During the interview session, we have asked him about 11 questions relating to Hibah ‘Umra. From this session, our knowledge pertaining to Hibah ‘Umra has become wider and clearer as the answers for the questions given were coming from a practising Syarie lawyer. Therefore, based on our finding from the interview session, Hibah ‘Umra is basically hibah that consists of a condition which is a period of time. In other words, Hibah ‘Umra can only be given during a lifetime of the receiver of that hibah and if the receiver dies, the property should be given back to the giver or his legal heirs if he has passed away. 

According to Mr. Muhammad Nazmi Kamis, all types of property can be given as Hibah ‘Umra except the property that is restricted in certain condition such as Felda land where the land cannot be transferred to the other party based on Group Settlement Areas Act 1967 (Akta Penempatan Berkelompok). In addition, we have been informed that there are no legislations or enactments that govern Hibah ‘Umra in every state in Malaysia. The question regarding the revocation of Hibah ‘Umra is also being answered by Mr. Nazmi as he mentioned that this hibah is actually done by aqad, so the revocation could happen easily if there is no documentation made relating to the matter. However, if there is documentation relating to hibah by court, it can be quite difficult to revoke the hibah. 

Moreover, according to Mr. Muhammad Nazmi Kamis, usually there is no compensation that can be given to the receiver if there is any revocation on Hibah ‘Umra as hibah is usually be given based on the basis of love and affection of the giver to the receiver. Furthermore, Mr. Muhammad Nazmi Kamis also stated that the issue pertaining Hibah ‘Umra that is usually brought before the court is regarding its condition. As we know, Hibah ‘Umra is hibah that has a condition in which the receiver can only possess the property during his lifetime, therefore it can be assumed that this issue has always been a problem if the receiver dies. 

Besides that, our question regarding the person who can get the benefits from Hibah ‘Umra also being answered by Mr. Nazmi. In his legal perspective, the receiver is the one who will get the benefit from Hibah ‘Umra as the property can be received and used during his lifetime. However, according to the lawyer, back to the main condition of Hibah ‘Umra, this benefit is subject to a certain period of time which depends on the lifetime of the receiver.

  On the other hand,  we get to know that the common difficulty faced by Syarie's lawyer pertaining to Hibah ‘Umra is the hibah between the giver and receiver  usually being made orally (perjanjian mulut) without proper documentation. During the interview session, we also got the opportunity to learn about the type of legal advices that were usually being given by Mr. Nazmi to his client in dealing with Hibah ‘Umra. He explained that he will usually ask the client why they chose to deal with Hibah ‘Umra. From this answer, we can see that a lawyer’s job is to obtain every information as much as he could even if it seems trivial. 

Mr.Nazmi also adds that he will make sure that the Hibah ‘Umra is not contradict with the faraid system before executing it in order to preserve the rights of the legal heirs of the giver. To conclude, this interview analysis highlights the proper procedure in executing Hibah ‘Umra to avoid any arising disputes in the future and both giver and receiver must ensure that the Hibah is being made without invading the rights of legal heirs of the giver as it is against the faraid system. Hence, it can be emphasized that it is important for the public to know this information as the survey shows that the public still lack in terms of  knowledge pertaining to Hibah ‘Umra.

 

Based on the survey, it is clearly shown that 64.7% of 35 respondents have choosen 'yes' while 20.6% respondents answered 'no' and the remaining of the respondents have choosen 'maybe' as their answer. This indicates that over half of the respondents are aware about Hibah and only a few of them do not know about Hibah.

By observing this pie chart, 37.1% of the respondents have chosen ‘yes’ as their answer to the question “Do you know what Hibah Umra is?’’ and 54.3% of respondents have chosen ‘no’ as their answer and the rest of the respondents have chosen ‘maybe’ with regards to the question. What can be concluded by observing this pie chart is that over half of the respondents were not aware of the existence of Hibah ‘Umra. This shows that the respondents only have basic knowledge about Hibah and not specifically about Hibah ‘Umra.

45.5% of the 35 respondents have answered ‘I do not know about Hibah ‘Umra’ while 27.3% of the respondents know about Hibah ‘Umra through social media, 12.1% of them were aware about Hibah ‘Umra through friends and only 9.1% of the respondents know about Hibah ‘Umra through family members. This shows that most of the respondents did not know about Hibah ‘Umra meanwhile the rest of them had an idea about what Hibah ‘Umra is through social media, friends as well as family members. 

In the aspect of the knowledge regarding the benefits of Hibah ‘Umra, out of 35 respondents, only 28.6% of them which consist of 10 respondents know about it. Meanwhile, more than half of the respondents do not know about the benefits of Hibah ‘Umra where the total of 21 respondents which represents 60% of them answer no to the question. In the meantime, four of the respondents which is 11.4% of them are in the middle of either knowing about the benefits of Hibah ‘Umra or they do not know about it as they answer maybe for the question. This result shows that many people still do not know the benefits of Hibah ‘Umra even though the respondents come from different age groups, gender and occupation.

On the other hand, 45.7% of the respondents stated that they know that Hibah ‘Umra is one of the alternatives to distribute property compared to the other 37.1% of the respondents who do not know about the matter. According to this data, there is also another 17.1% of the respondents who were confused about this matter as their answer for this question is maybe. From this survey, we can assume that the exposure of the knowledge of Hibah ‘Umra is still low to the people out there as there is less than half of the respondents that know Hibah ‘Umra is actually one of the alternatives to distribute property.

Besides that, we also asked the respondents about their knowledge on how to execute Hibah ‘Umra. From the survey, we can clearly see that most of the respondents do not have knowledge about this matter as more than half of them which is 68.6% of the respondents stated that they do not know about it. Meanwhile, only 17.1% of them know how to execute Hibah ‘Umra while the other 14.3% of the respondents are still confused as their answer is maybe for the question given. This data collection really shows that the people out there should be given knowledge and education about the execution of Hibah ‘Umra as more than half of them do not know about this matter. 

When asked about the conditions to be the giver of Hibah 'Umra, 77.1% of the respondents agreed that the giver must be the owner of the property, of sound mind, not a minor, act on their will and not subjected to interdiction. However, 8.6% of the respondents disagree, with the rest 14.3% were in between of the line. From the chart, almost 30% of the respondents did not have the same view as the respondents who agreed with the conditions.

Almost similar with previous question, when asked about the conditions to be a receiver of Hibah 'Umra, 80% of the respondents agreed with the conditions, meanwhile 14.3% were unsure of their answer and 5.7% disagree with the conditions. It can be concluded that majority of the respondents are aware of the conditions to be the receiver of Hibah Umra. The fact that there are more respondents who answered "maybe" than "no" in this question means that there are a few who were not aware of the conditions but it must also be noted that there were 8 non-muslim respondents who answered this survey.

Almost half of the respondents chose “yes” and “maybe” as their option, and 2.8% of the respondents which means one respondent answered “no” to this question. Considering that there were 32 Muslims respondents in this survey, it is quite interesting to see that there is almost a balance of respondents in the "yes" and "maybe" answer. Meanwhile, there was a respondent who will not use Hibah Umra to manage their property.

From the pie chart, 25 out of the 35 respondents agreed with the question, nine were unsure, and one respondent disagreed with the question. It can be concluded that majority of the respondents agreed that the giving of Hibah Umra will benefit the receiver during his possession in his lifetime, although the possession will be given back to the giver's next of kin after the giver's death. It means that although the possession is temporary, but it still can benefit the receiver of the hibah.