Fenomena Pemberian Hibah Kepada Anak Kandung dalam Perspektif Maqashid Asy-Syariah

Analisis di Desa Gunungsari Bansari Temanggung

Abstract

This study aims to examine and understand the legal provisions regarding the donation (hibah) of land from parents to their biological children, the implementation of such donations, and the driving factors behind them from the perspective of Maqashid al-Sharia. The research employed a normative approach by analyzing Islamic legal sources, including the Qur’an, Hadith, the Compilation of Islamic Law (KHI), as well as relevant statutory regulations. To enrich the data, interviews were also conducted with several hibah practitioners in Gunungsari Village. The findings indicate that the legal provisions for donating land to biological children are clearly regulated in both Islamic law and positive law, with implementation generally following local traditions. The driving factors include considerations of family welfare, early distribution of inheritance, and efforts to maintain kinship ties. From the perspective of Maqashid al-Sharia, such hibah aligns with the objectives of the Sharia, particularly in preserving wealth (hifzh al-mal) and maintaining family bonds (silaturahim