| Abstrakt: |
Trust is one of the instruments in Islamic estate planning that refers to contract and commercial law which are based on the English Law, especially in the principle of equity. However, the implementation of trust is still not discussed in detail. This is due to the fact that the community is more familiar with the existing Islamic estate planning instruments such as Islamic inheritance (faraid), gifts (hibah), will, Islamic endowment (wakaf), and takaful. Therefore, the objective of this study is to identify the level of public understanding of trust as one of the instruments in Islamic estate administration. To achieve the objective, a qualitative study was carried out by analyzing articles, legal documents, and court case studies. In addition, Amanah Raya Berhad (ARB) as the Public Trustee in Malaysia was chosen in order to examine to what extent has trust instrument has been implemented. Interviews were conducted with a few officers of ARB along with the representative from Majlis Pengawasan Syariah Amanah Raya Berhad (MPS ARB) to better understand the mechanism of implementing trust and shariah point of view. Apart from that, a field study was also conducted by distributing survey forms online which involved 150 Muslim respondents in Perlis. The data collected were analyzed descriptively. The findings of the study showed that the respondents had a moderate level of understanding of the law of trust from shariah's perspective with the mean value of 3.66 (s. d=.47). Meanwhile, the respondents had a high level of understanding on the concept of implementing trust instrument with the mean value of 3.89 (s. d=.51). To conclude, trust instrument can be the alternative for the Muslim community in planning their estate for the benefit of the heirs who will be left behind. [ABSTRACT FROM AUTHOR] |
