Unofficial Hibah without Knowledge of the Treasure Owner Based on Islamic Law (a Case Study on Court Decision Number 1000/Pdt.G/2011/PA.Mlg)

Abstract

According to Islam, the grant is a transfer of ownership of something without changing or reward as a gift from one person to another. One-way for parents to make their children happy is by giving some wealth to their offspring. This is done so that the child may have some wealth owned by the parents without waiting for old people died. Objects that can be granted, in principle, are the same as the object of wasiat, which should remain the property of the groom. Grant the parents to their children was found to contain loopholes that could give rise to disputes in the future. One was for a child claiming to receive the treasure in the can as long as both parents into marriage or common property that was dropped into his, while the parent does not feel himself donated the gifts to one of these children, so this poses a problem to children another bladder which later on will not get the inheritance from their parents because the sole property of their parents has been granted and carried out under the hand by one of her children without the owner's knowledge wakaf namely parents. The study was conducted using a normative juridical approach that focuses on the use of secondary data. Normative juridical approach in this paper the author makes the theory, expert opinions, and regulations related to the problems associated with the writing of this thesis. Specifications research is a descriptive analysis, which means that the authors will describe and explain clearly the facts concerning issues related to grants under the hand based on the principles of Islamic law. Writing objects using primary data and secondary data. In addition, to analyze the data used qualitative juridical methods by way of data analysis results of the study of literature or literature and case studies from the Religious Court. Grant becomes valid legal if it is done in accordance with Islamic law and the provisions of the Islamic Law Compilation. Terms of validity of the grant carried out in three cases, namely Ijab, Kabul, and Qabdhu. If not all three conditions are met, then the grant is not valid and do the withdrawal or revocation. In addition to his legal requirement grants, the principle of consultation and justice must be fulfilled so as not to harm others. If in this case a lot against the rule of law, the object of the grant must be returned to the original owners.