Hibah Amanah TH

Hibah Amanah TH is the voluntarily gift from TH Depositor’s savings account to the Recipient (s) during his/her lifetime on the basis of love without any coercion and there is an ijab qabul between the Depositor and the Recipient (s). 

The property (s) will be held by the depositor as the trustee. The ownership of the property(s) will be transferred to the Recipient(s) after the demise of the depositor and/or to any person who is entitled to inherit the properties under the Islamic law, should the Recipient(s) dies before the depositor. 

Hibah principles comprise five (5) components:

1. Depositor (Wahib).
2. Recipient (Mawhub lahu).
3. Property (Mawhub).
4. Formal exchange (Ijab and Qabul).
5. Hibah procurement (Qabd).

Hibah Amanah TH four (4) main concepts are:

1. Depositors are free to give their Hibah Amanah properties to anyone including non-Muslims.
2. The properties of Hibah Amanah are not subjected to the faraid (the distribution of the properties under the Islamic law).  Thus, anybody is entitled to receive Hibah Amanah.
3. Hibah Amanah properties that have been legally given to the Recipient(s) cannot be claimed by other heirs through faraid.
4. As an alternative/solution for property distribution to adopted children or Muslim reverts who have no Muslim relatives. 
5. The depositor can still enjoy the benefits of the Hibah property (s), so long as the depositor and Recipient(s) are still alive.

Depositor of Hibah Amanah TH ('Depositor')

1. Must own an Adult TH Account;
2. Mentally sound;
3. Aged 18 years or above;
4. Subject to the terms and conditions as stated in the Hibah Amanah TH Deed of Power of Attorney (POA).

Recipient of Hibah Amanah TH

1. A Malaysian citizen or a non-Malaysian citizen;
2. A Muslim or a non-Muslim;
3. Mentally sound (if not, the depositor must appoint a legal guardian);
4. No age limit (if a Recipient is under the age of 18, the Depositor must appoint a legal guardian);
5. The number of Recipients is unlimited.

1. Hibah Amanah TH is a gift of property (s) by the Depositor during his/her lifetime to the Recipient of Hibah Amanah TH from his/her TH savings account voluntarily on the basis of love, without any coercion and with ijab qabul between the Depositor and the Recipient.  The property (s) will be held by the Depositor as the trustee while the ownership of the property (s) will be transferred to the Recipient(s) after the demise of the Depositor. In the event the Recipient(s) dies before the Depositor, the property (s) shall be inherited to any person who is entitled to inherit the Hibah Amanah for the Recipient(s) under the Shariah rulings and shall be payable whenever a claim is made to TH as required.


2. The Depositor must be a TH depositor who owns an adult savings account, mentally sound, aged 18 years and above and subjected to the terms and conditions as set out in the Borang Permohonan Hibah Amanah TH/ Penamaan and Hibah Amanah TH Deed of Trust.


3. The Depositor has an option either to make Hibah Amanah TH in whole or to combine ‘Hibah Amanah TH and Nomination’ in relation to his/her savings in TH account, i.e. the amount standing to the Depositor’s credit given to the Recipient(s) of the Hibah Amanah TH (‘Hibah Amanah Property (s)'). The distribution of Hibah Amanah Property (s) for the Recipient(s) of Hibah Amanah TH /*Nominee of the Nomination is calculated by way of percentage (%). The overall distribution percentage of Hibah Amanah TH in whole or combined ‘Hibah Amanah TH and Nomination’ should be one hundred percent (100%). If the Depositor opts for Hibah Amanah TH in whole or a combined ‘Hibah Amanah TH and Nomination’, any Nomination made prior to this is VOID.

More Info 

1. Cancellation and amendment cannot be made without the Recipient(s) consent.
2. However, cancellation and amendment can be made without consent if the Recipient is the living biological child or grandchild of the Depositor.

The application, amendment, cancellation, information update and withdrawal claim of Hibah Amanah TH/ Nomination (if opt for the combination of Hibah) processes are: 

The application process of Hibah Amanah TH/ *Nomination

Diagram 1

Conditions

1. The Depositor has an option either to make Hibah Amanah in whole or to combine with Nomination’.
2. The total percentage of the Hibah Amanah or a combination of Hibah Amanah and Nomination distributions must be one hundred percent (100%). If the Depositor chooses to make a Hibah Amanah or a combination of Hibah Amanah and Nomination, any previous Nominations will be annulled.
3. The  minimum balance amount required in the TH savings account during the Hibah Amanah application are as follows:

• Minimum balance of RM1,200.00 if the Depositor has not registered for hajj yet. 
• Minimum balance of RM1,200.00 and Hajj Registration Fee as determined by TH if the Depositor has registered for Hajj. 

Required Documents

1. Borang Permohonan Hibah Amanah TH/ *Penamaan (JP031) and POA (obtained from TH Branch Offices).
2. Depositor’s Personal identification documents (original and a certified copy).
3. Birth Certificate/ Certificate of Adoption for underage Recipient(s) (a certified copy).
4. Supporting documents for mentally disabled Recipient(s) (a certified copy).
5. Personal identification documents of the *Depositor/ Legal Guardian (a certified copy)

Note: Hibah Amanah TH Deed of Trust will only be printed once all the documents are completed and registered.

The Personal Information Update process of Hibah Amanah TH/ *Nomination

Diagram 2

Condition

1. The *Depositor may update the personal information of the Recipient(s)/ Legal Guardian/ Nominee without prior approval of the latter. 
   
   Note: Updating Personal Information requires the *Depositor to use JP003 Form (Borang Maklumat Ahli)

Required Documents

1. Borang Kemas Kini Maklumat Peribadi Hibah Amanah TH/ *Penamaan (JP032).
2. Personal identification documents of the *Depositor (original and certified copies).
3. Hibah Amanah TH Deed of Trust and POA (original).
4. Personal identification documents of the Recipient/ Legal Guardian/ Nominee (a certified copy).
5. Birth Certificate/ Certificate of Adoption for underage Recipient (a certified copy).

The amendment process of Hibah Amanah TH/ *Nomination

Diagram 3

Conditions

1. Unless the Recipient(s) is his/her biological child/grandchild, the Depositor is not allowed to make any amendment and/or cancellation of Hibah Amanah TH application without prior consent of the Recipient(s). However, the Depositor must provide a legitimate verification that confirms the living status of the surviving child/grandchild. 
2. Types and purposes of amendments: 
   • Cancellation of Recipient(s)/ Legal Guardian/ Nominee:
     (i) cancellation of one of the Recipients/ Nominees without choosing a replacement; or
     (ii) cancellation of the Legal Guardian.
   • Addition of Recipient(s)/ Nominee: Adding new Recipient(s)/ Nominee.
     Replacement of Recipient(s) / Legal Guardian/ Nominee: Cancellation and replacement of new Recipient(s)/ Legal Guardian/ Nominee.
   • Percentage Distribution: Addition or deduction of percentage distribution of Hibah Amanah TH/ Nomination Property.
3. Nomination Amendment does not require the Recipient’s approval.

Required Documents

1. Borang Pindaan Hibah Amanah TH/ *Penamaan (JP033).
2. Personal identification documents of the *Depositor (original and a certified copy).
3. Personal identification documents of the Recipient/ Legal Guardian/ *Nominee (original and a certified copy).
4. Birth Certificate/ Certificate of Adoption for underage Recipient (a certified copy).
5. Hibah Amanah TH Deed of Trust (original copy).
6. POA (original copy).

The Agreement Cancellation process of Hibah Amanah TH/ *Nomination

Diagram 4

Conditions

1. Unless the Recipient(s) is his/her biological child/or grandchild, the Depositor is not allowed to make a cancellation application of Hibah Amanah TH without prior consent of the Recipient(s). However, the Depositor must provide a legitimate verification that confirms the living status of the surviving child/grandchild.
2. The whole agreement of Hibah Amanah TH and Nomination will be annulled.
3. Nomination cancellation does not require the consent of the Nominee.

Required Documents

1. Borang Pembatalan Hibah Amanah TH/ *Penamaan (JP034).
2. Personal identification documents of the *Depositor (original and a certified copy).
3. Birth Certificate/ Certificate of Adoption for underage Recipient (a certified copy).
4. Hibah Amanah TH Deed of Trust (original copy).
5. POA (original copy).

The Withdrawal Claim process of Hibah Amanah TH/ *Nomination

Diagram 5

Conditions

1. The Recipient(s) make a claim to TH following the death of the *Depositor.
2. An heir to the Recipient(s) makes a claim to TH by submitting a POA if the Recipient(s) passed away before the *Depositor.

Required Documents

1. Borang Tuntutan Pengeluaran Hibah Amanah TH/ *Penamaan (JP035).
2. Personal identification documents of the Recipient/ Legal Guardian/ *Nominee/ Hibah Recipients’ Inheritor/ Next of Kin (original and a certified copy).
3. Death certificate/ Report of Death Abroad of the *Depositor (original and a certified copy).
4. Birth Certificate/ Certificate of Adoption for underage/ mentally disabled Recipient (original and a certified copy).
5. Letter of Administration (if the Recipient has passed away) (original and a certified copy).
6. Death certificate / Report of Death Abroad of the Recipient/ *Nominee who have passed away (original and a certified copy).

Sample forms of Hibah Amanah TH

1. Borang Permohonan Hibah (JP031)
2. Borang Kemaskini Hibah (JP032)
3. Borang Pindaan Hibah (JP033)
4. Borang Pembatalan Hibah (JP034)
5. Borang Tuntutan Hibah (JP035)