EXPLORING ISSUES AND CHALLENGES TO REGISTER HIBAH LAND IN THE CONTEXT OF MALAYSIA’S LAND REGISTRATION SYSTEM

Abstract

Land is one type of property that is recognised both under the civil and syariah law. Ownership of land guarantees property rights of an individual under both legal systems. However, to own a piece of land, one must follow the procedures and legal requirements prescribed under the National Land Code 1965 (Act 828) (“NLC”) which brings to the issue of the right of a recipient of hibah to be legally able to be registered as the land owner since different rules and conditions apply under the syariah law. To date, Malaysia has yet to enact any specific law on hibah and therefore hibah has been referred to certain provisions from several state legislations. The legality of hibah is founded on the syariah law and statutorily, in various legislations. This research endeavors to explore issues and challenges pertaining to the registration of hibah land according to the current land registration system.  This study employs doctrinal legal analysis by examining primary and secondary sources of both civil and syariah law. A comparative study from both legal systems will be undertaken to analyse legal requirements and procedures to transfer ownership of land as hibah in light of the provisions under the NLC. The finding demonstrates that land can be a subject matter of hibah and therefore registerable in the current land registration system provided that the legal requirements are met. The conclusion of this analysis not only adds to the body of knowledge, it is also hoped that this study will be beneficial to various agencies such as the land office, religious departments, Syariah Court and other relevant stakeholders in managing property relating to land. More importantly, the findings may provide an insight that can assist the land office to draw up a guideline or manual as reference for the Registrar of Title in dealing with the application to register hibah land. Last but not least, the study also recommends for future research on consolidating a uniform legislation for hibah in Malaysia.