Hibah Amanah TH

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

The asset(s) will be held by the Depositor as the trustee and the ownership of the asset(s) will be transferred to the Recipient(s) of Hibah Amanah TH after the demise of the depositor and/or to any person who is entitled to inherit the Hibah Amanah under Hukum Syara should the Recipient(s) of Hibah Amanah TH dies prior to the Depositor.

Hibah principles comprise five (5) components:

1. Depositor (Wahib)
2. Recipient of hibah amanah TH (Mawhub lahu)
3. Hibah amanah 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 grant their Hibah Amanah assets to anyone including non-Muslims.
2. The gift of Hibah Amanah TH is not subjected to the distribution of the assets section of the Islamic law (Faraid).  Thus,  anybody is entitled to receive the assets of hibah.
3. The assets of hibah that has been legally granted to the recipients cannot be claimed by other heirs by way of Faraid.
4. As an alternative or a solution to the distribution of assets for Muslims converts who has no Muslim relatives or for adopted children.
5. The Depositors can still enjoy the benefits of the hibah asset(s), so long both the Depositor and Recipient are still alive.

Depositor of Hibah Amanah TH ('Depositor')

1. A TH Depositor who owns an adult account;
2. Mentally sound;
3. 18 years of age or above;
4. Subject to terms and conditions as stated in the Hibah Amanah TH deed of Power of Attorney (POA).

Recipient of Hibah Amanah TH

1. Malaysian citizen or non-Malaysian citizen;
2. Muslim or non-Muslim;
3. Mentally sound (otherwise, the Depositor must appoint a legal guardian);
4. No age limit (if a Recipient of Hibah Amanah TH is under the age of 18, the Depositor must appoint a legal guardian);
5. The number of Recipient of Hibah Amanah TH is unlimited.

1. Hibah Amanah TH is gift of asset(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 consideration and with ijab and qabul between the Depositor and the Recipient of Hibah Amanah TH whereby the asset(s) will be held by the Depositor as the trustee and the ownership of the asset(s) will be transferred to the Recipient of Hibah Amanah TH after the demise of the Depositor. In the event the Recipient of Hibah Amanah TH dies prior to the Depositor, the asset(s) shall be inherited by any person who is entitled to inherit the Hibah Amanah for the Recipient of Hibah Amanah TH under Shariah rulings and shall be payable whenever a claim is made to the Lembaga as required
    
2. The Depositor must be a TH depositor who owns an adult savings account, mentally sound, aged 18 years and above and subject to the terms and conditions as set out in Borang Permohonan Hibah Amanah TH/ Penamaan and Hibah Amanah TH Deed of Trust.
    
3. The Depositor has an option either to make either 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 of the Hibah Amanah TH (‘Hibah Amanah Asset(s)'). The distribution of Hibah Amanah Asset(s) for the Recipient 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 of Hibah Amanah TH’s consent.
2. However, cancellation and amendment can be made without consent if the Recipient of Hibah Amanah TH’s is the living biological child or grandchild of the Depositor.

This section describes the processes of application, amendment, cancellation, information update and withdrawal claim of Hibah Amanah TH/ Nomination (if opt for the combination of Hibah.

The application process of Hibah Amanah TH/ *Nomination

Conditions

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

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

Required Document

1. Borang Permohonan Hibah Amanah TH/ *Penamaan (JP031) and POA (obtained from TH Branch Office)
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. Supporting documents for mentally disabled Recipient (a certified copy)
5. Personel identification documents of the *Depositor/ Legal Guardian (a certified copy)

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

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

Condition

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

Required Document

1. Borang Kemaskini 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

Conditions

1. Unless the Recipient is a biological child/ grandchild of the donor, the Depositor is not allowed to make amendment and/ or cancellation of Hibah Amanah TH application without the consent of the recipient. However, the Depositor must provide a legitimate verification that confirms the living status of the surviving/ grandchild. The Depositor can update personal information of the Recipient/ Legal Guardian/ Nominee without latter’s consent.
2. Types and purposes for amendments
   • Cancellation of Recipient/ Legal Guardian/ Nominee:
     (i) cancellation of one of the Recipients/ Nominees without choosing a replacement; or
     (ii) cancellation of Legal Guardian
   • Addition of Recipient/ Nominee: Adding new Recipient/ Nominee
     Replacement of Recipient/ Legal Guardian/ Nominee: Cancellation and replacement of new Recipient/ 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 Document

1. Borang Pindaan Hibah Amanah TH/ *Penamaan (JP033)
2. Personal identification documents of the *Depositor or (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

Conditions

1. Unless the Recipient is a biological child/ or grandchild of the donor, the Depositor is not allowed to make a cancellation of Hibah Amanah TH application without the consent of the recipient. 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 Document

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

Condition

1. The Recipient makes a claim to TH following the death of the *Depositor
2. An heir to the Recipient makes a claim to TH by submitting a POA in the event of the Recipient passes away prior to the *Depositor

Required Document

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 *Depositor passed away (original and a certified copy)

Example 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)