Hibah Act (CAP.225).

This Act provides for the law governing the transfer of the possession of a property of the donor made voluntarily and without any consideration by the donor to the donee during the lifetime of the donor (so called hibah). Any provision in this Act that is inconsistent with Hukum Syara shall be invalid to the extent of such inconsistency. In relation to any matter which is not expressly provided for in this Act, the Syariah Court shall apply Hukum Syara. All words and expressions used in this Act and not defined therein but defined in the Interpretation and General Clauses Act (Chapter 4) shall have the meanings respectively assigned thereto in that Act to the extent that they do not conflict with Hukum Syara. This Act applies to all matters in which at least one of the parties professes the Islamic religion. A hibah shall not be valid unless: a) the property belongs to the donor; b) declaration of the hibah is made, either expressly or impliedly, by or on behalf of the donor; c) acceptance of the hibah is made, either expressly or impliedly, by or on behalf of the donee; d) the possession of the property is delivered by the donor to the donee either physically or symbolically depending on the nature of such property; e) the property is a determinate property and not its usufruct only; and f) the property exists at the time the hibah is made.