Analysis of trust instrument in Islamic estate planning: a study case at Amanah Raya Berhad, Malaysia

• Published in: Journal of Islamic accounting and business research Vol. 14; no. 8; pp. 1404 - 1425
• Main Authors: Abdullah, Muhamad Mu'izz, Awang, Abdul Bari, Zakaria, Mohamad Sabri
• Format: Journal Article
• Language: English
• Published: Bingley Emerald Publishing Limited 22.11.2023; Emerald Group Publishing Limited
• Subjects: Beneficiaries; Charitable trusts; Civil law; Deeds; Economic planning; Equity; Estate administration; Estate planning; Islamic financing; Islamic law; Jurisdiction; Muslims; Revocable trusts; Trust; England; Sarawak Malaysia; Malaysia; United Kingdom > UK; Estate administration; Trust instrument; Donor; Trust deed; Islamic estate planning
• ISSN: 1759-0817; 1759-0825; 1759-0817
• DOI: 10.1108/JIABR-02-2022-0057

Purpose This study aims to analyse the mechanism of trust instrument from a Shariah point of view. Analysis of the mechanism would determine the extent to which its implementation can resolve estate planning issues such as frozen estate and the issue of naming beneficiaries under the age of 18. Design/methodology/approach This is a qualitative study method through library research. To explore the mechanism of trust instrument, an in-depth interview with five participants using purposive sampling and analyses of documents were used. The selection of this sample allows the researcher to obtain specific data in their field of expertise. Therefore, two officers from the Trust Administration Department of Amanah Raya Berhad (ARB) and three Shariah advisors from ARB (MPS ARB) were interviewed to find out the mechanism of trust instrument from the Shariah perspective. The researcher also referred to the trust deed documents, ARB company policies, field case studies such nomination cases and trust accounts, articles and court cases. Findings The trust instrument meets Shariah requirements even though it is based entirely on the Civil Law. The comprehensive and flexible features of trust deeds can help donors to plan systematically during their lifetime. Research limitations/implications This study only focuses on the trust instruments that are currently being implemented in the ARB. Five trust products were analysed to achieve the objectives of the study, namely, the Normal Trust, Safecare and Safecare Premium, Takaful Care, Hibah (literally “gift”) as well as Trust and Declaration of Hibah. Practical implications The implementation of trust instrument at an early stage can ensure the property is well managed through a trust deed, guarantee the life of the beloved heirs after the death of the donor and prevent the property from being frozen. Originality/value This study comprehensively describes the trust instrument from the Shariah perspective and its implementation mechanism in the industry.