Hibah: A Case Study in Syariah High Court of Kota Bharu

Abstract

The aim of this research is to know deeply about the implementation of hibah in the Syariah Court of Kelantan whether it has been registered or not. To complete this research, the researcher had conducted an intensive step such as making a library research including reference to relevant books, through surfing the internet and also handling interviews with the officers and staff at this court. In period of five years, started from 1999 until 2003 only 15 cases had been registered. That means, there a lack of hibah cases, which registered at this court compared to other cases. According to this research, the researcher also has explained and determined the history of the establishment of Syariah High Court since the British colonization until today either from its administration, jurisdictions and procedure of court and Qadhi. However, the researcher also makes a suggestion to the court to make reformation streamline to the development of this country to ensure that all of the processes and activities in court become smoothly.