IMPLEMENTATION OF COLLATERAL HIBAH BASED ON HIBAH CASES IN SHARIAH COURT

Abstract

The application for a hibah confirmation case in the Shariah Court covers the issue of Collateral Hibah. Pledged property was related to financial and banking institutions because the property is not yet fully in possession. In the Shariah Court, judges usually make decisions for cases of hibah confirmation based on fiqh books even though there are various opinions among jurists regarding hibah, including related to the issue of Collateral Hibah. Thus, this article aims to find out the decision made by the judge in addition to knowing the tendency of the judgment in using the views of jurists to resolve cases of hibah confirmation on the issue of Collateral Hibah in the Shariah Court. The data of this study was obtained from content analysis and case reports in the Shariah Court. The results of the study found that there are hibah case decisions that allow Collateral Hibah to be implemented with certain conditions. Therefore, by knowing the judge's judgment in the Shariah Court, can help the community and companies that offer hibah products to ensure that the hibah made can be accepted in the Shariah Court.