Hibah Kepada Anak-anak Menurut Imam al-Syafi’i dan al-Syirbini

Hibah to Children According to Imam al-Syafi’i and al-Syirbini

Abstract

Hibah is a practice that is encouraged in Islam, particularly hibah to one's offspring, as it will strengthen the relationship between parents and children. However, the acts of taswiyah (equality) and tafdil (preference) in hibah in favour of a particular child with the exclusion of the others have become an issue and difference of opinion among the fuqaha. This article discusses the above matter according to the opinions of Imam al-Syafi’i and al-Syirbini by focusing on their writings in the books of al-Umm and Mughni al-Muhtaj respectively, together with the perspectives of other scholars. The methodology of this study employs the qualitative approach involving library research and textual analyses. The findings of this descriptive study revealed that taswiyah hibah to children is sunnah or recommended according to Imam Syafi’i and al-Syirbini as well as the majority of fiqh scholars, while tafdil is makruh or disapproved. On the other hand, there are scholars who opine that taswiyah hibah is wajib or compulsory and render tafdil hibah as invalid. However, the status of makruh or invalidity of tafdhil hibah depends on situations and facts of the case. Both opinions are based on hadith, qiyas and athar of Sahabat. The difference of opinions are caused by the factors of time, place, circumstances, ‘urf and local custom, re-evaluation and discovery on hadiths and emergence of new furu’ fiqhiyyah problems.