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Hibah sebagai akad alternatif dalam perniagaan francais di Malaysia: realiti atau mitos? [Hibah as an alternatif Islamic contract in Malaysian franchise business: reality or myth?]


Naiimi, Nasri and Yaacob, Nurli and Kassim, Munirah (2018) Hibah sebagai akad alternatif dalam perniagaan francais di Malaysia: realiti atau mitos? [Hibah as an alternatif Islamic contract in Malaysian franchise business: reality or myth?]. International Journal of Law, Government and Communication, 3 (13). pp. 106-121. ISSN 0128-1763

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Abstract

Franchising is one of the methods of marketing of goods or services. A franchisor with a complete business format may sell the business to a franchisee for a specified period of time with the prescribed fee. However, current franchise contracts are in accordance with the form or characteristics that are subject to the Franchise Act 1998. The Islamic entrepreneurs who carry out the franchise business in Malaysia need to have an alternative in the formation of this contract for example through musyarakah, mudarabah, ijarah or hibah. Therefore, the objective of this article is to discuss hibah as one of the suitable alternative agreements to be practiced in the franchise business in Malaysia. This is qualitative study that involves a systematic study of philosophical and academic views. Therefore, this study is not an empirical study but rather a library study. The result of this study is that hibah in franchise business can occur when a franchisor distributes its format and complete franchise business system to franchisees without any financial rewards as it does in today's conventional franchise system. In order to implement this hibah, some important issues need to be realized namely, self-awareness for philanthropy; provision of systematic modules; the hope of doing righteous deeds for the benefit of the hereafter; commitment to the success of hibah; control requirements; stability in a franchise business; and selected offers.

Item Type: Article
Uncontrolled Keywords: Franchise Act 1998, Hibah, Franchise, Islamic Contract, Business
Subjects: K Law > KZ Law of Nations
Divisions: School of Law
Depositing User: Mrs. Norazmilah Yaakub
Date Deposited: 24 Jan 2019 07:13
Last Modified: 24 Jan 2019 07:13
URI: http://repo.uum.edu.my/id/eprint/25447

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