Kalosara: Family Law Review
Vol. 6 No. 2 (2026): Kalosara: Family Law Review

Hibah as a Preventive Mechanism in Islamic Inheritance Disputes: A Thematic Hadith Analysis of Justice and Priority in Family Property Distribution

Gaffar, Abdul (Unknown)
Ismail, Muhammad (Unknown)
Abdul Hamid, Mohd Fauzi (Unknown)



Article Info

Publish Date
21 Oct 2026

Abstract

Inheritance intended to preserve family prosperity can paradoxically generate profound injustice, prolonged litigation, and familial fragmentation, exposing the limitations of conventional approaches to property distribution. This study examines how Prophetic traditions construct principles of justice and beneficiary priority in hibah and explores their normative potential for preventing inheritance disputes within Muslim families. It seeks to reconstruct lifetime property transfers as an ethical-legal mechanism complementary to Islamic inheritance law. Employing qualitative library research and thematic Hadith analysis, this study examines selected Prophetic narrations using takhrīj, sanad and matan criticism, textual comparison, and contextual interpretation through ma‘ānī al-ḥadīth. The analysis integrates classical commentaries and Islamic jurisprudence to identify normative principles governing voluntary property distribution. The findings identify two complementary principles: distributive justice, which discourages arbitrary discrimination among children, and responsibility-sensitive allocation, which prioritises dependants and legitimate beneficiary needs. Their integration reveals that hibah can potentially prevent inheritance disputes through equitable treatment, transparent justification, and relational protection. Its preventive significance depends on ethical implementation rather than merely transferring property before death. This study introduces a Hadith-based framework of preventive distributive justice, distinguishing the legal validity of hibah from its ethical legitimacy and familial consequences. It contributes to Islamic family law and thematic Hadith scholarship while informing transparent property planning, family mediation, and Islamic legal education. Future empirical research should examine its effectiveness in reducing inheritance disputes. Keywords: Beneficiary Priority; Distributive Justice; Hibah; Inheritance Disputes; Thematic Hadith Analysis.

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Journal Info

Abbrev

kalosara

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

1. Marriage Law 2. Inheritance 3. Testament (washiah) 4. Divorce 5. Property in marriage 6. Childcare, 7. Women and children rights 8. The rights and obligations of the family 9. Endowments (waqf) 10. Marriage and Gender 11. Customary law (adat) family ...