Unequal Intervivos Within The Islamic Context
Table 2:
Traditional Muslim Jurists (Hanafi Jurists) | Al-Kasani | Abu Yusuf | Muhammad Al-Shaybani | Ibn Nujaym | Al-Haskafi |
Ibrahim, (2017) | When a father transfers their wealth, nobody can stop it. | Children who are excluded could be either learned and uneducated, well-behaved or misbehavedThis type of hibah is unjust | Children who are excluded could be either learned and uneducated, well-behaved or misbehavedThis type of hibah is unjust | Sinful to give unequal hibah although it is legally permissible and valid. | Sinful to give unequal hibah although it is legally permissible and valid. |
Awang & Abd Rahman, (2014) | |||||
Nor Muhamad, (2011) | Unequal hibah - Permissible if the objective of that hibah will not harm their children |