Hibah Amanah Terms and Conditions

  1. Hibah Amanah TH is gift of asset(s) by the Depositor during his/her lifetime to the Recipient of Hibah Amanah TH from his/her TH savings account voluntarily on the basis of love, without any coercion and consideration and with ijab and qabul between the Depositor and the Recipient of Hibah Amanah TH whereby the asset(s) will be held by the Depositor as the trustee and the ownership of the asset(s) will be transferred to the Recipient of Hibah Amanah TH after the demise of the Depositor. In the event the Recipient of Hibah Amanah TH dies prior to the Depositor, the asset(s) shall be inherited by any person who is entitled to inherit the Hibah Amanah for the Recipient of Hibah Amanah TH under Shariah rulings and shall be payable whenever a claim is made to the Lembaga as required. 
     
  2. The Depositor must be a TH depositor who owns an adult savings account, mentally sound, aged 18 years and above and subject to the terms and conditions as set out in Borang Permohonan Hibah Amanah TH/ Penamaan and Hibah Amanah TH Deed of Trust.
     
  3. The Depositor has an option either to make either Hibah Amanah TH in whole  or to combine ‘Hibah Amanah TH and Nomination’ in relation to  his/ her savings in TH account i.e the amount standing to the Depositor’s credit given to the Recipient of the Hibah Amanah TH (‘Hibah Amanah Asset(s)'). The distribution of Hibah Amanah Asset(s) for the Recipient of Hibah Amanah TH /*Nominee of the Nomination is calculated by way of percentage (%). The overall distribution percentage of Hibah Amanah TH in whole or  combined  ‘Hibah Amanah TH and Nomination’ should be one hundred percent(100%). If the Depositor opts for Hibah Amanah TH in whole or a combined ‘Hibah Amanah TH and Nomination’,  any Nomination made prior to this is VOID.
     

  4. The required amounts of minimum balance in the Depositor’s TH savings account during the application of Hibah Amanah TH are as the follows:

    (i) Minimum balance of RM1,200.00 if the Depositor does NOT register for Hajj.

    (ii) Minimum balance of RM1,200.00 and Hajj Registration Fee as fixed by TH if the *Depositor has registered for Hajj. (Except for Hajj registration through EPF)

  5. The Depositor has to maintain a minimum balance of RM1,000.00 as Hibah Amanah Asset(s) (exclusive of Hajj Registration Fee as fixed by TH if hajj registration has been made by the *Depositor).
     
  6. The Deed of Trust contains the terms of Hibah Amanah TH between the *Depositor and the Recipient of Hibah Amanah TH and the application form for Hibah Amanah TH / Nomination shall be part of the Deed of Trust.
     
  7. The Depositor shall also nominate TH as its Power of Attorney to carry out the objectives established in the deed of Power of Attorney l which shall be part of the Deed of Trust.
     
  8. Through the establishment of Hibah Amanah TH, the Recipient has mutually agreed to appoint the Depositor as a Trustee and TH as a Substitute Trustee. As a Substitute Trustee, TH is responsible to administer and distribute the Hibah Amanah Asset(s) following the death of the Depositor subject to the terms and conditions stated in Borang Permohonan Hibah Amanah TH/*Penamaan, Deed of Trust and deed of Power of Attorney.
     
  9. Eligibility requirements for Recipient of Hibah Amanah TH:
    • Malaysian citizen or non-Malaysian citizen; 
    • The number of Recipient of Hibah Amanah TH is unlimited.
    • Muslim/ non-muslim;
    • Mentally sound (otherwise, the Depositor has to appoint a legal guardian);
    • No age limit (if the Recipient of Hibah Amanah is under 18 years old, the Depositor has to appoint a legal guardian)
       
  10. Eligibility requirements for legal guardian:
    • Appointed for an underage/ mentally disabled Recipient of Hibah Amanah TH
    • The appointment of a legal guardian is restricted to those who are qualified pursuant to the Children Act 2001, the Guardianship Act 1961 and the Adoption Registration Act 1952 as follows :
      • Biological parents;
      • By way of a deed/ testament certified by the Court’s Order ;
      • Foster parents (with submission proof of adoption certificate and adoption registration certificate from the National Registration Department); and;
      • any individual with valid custody on the child by Court Order.
    • The legal guardian status is invalid upon the Recipient of Hibah Amanah TH turns 18 years old, meanwhile, the guardianship for the mentally disabled will remain for as long as no amendment/ cancellation is made.
       
  11. Eligibility requirements for Nominee:
    • The appointed Nominee will administer the assets of the Depositor in accordance with Shariah rulings;
    • The number of appointed Nominee(s) are limited to two (2) persons who will inherit the asset(s) of the Depositor in accordance with Shariah rulings;
    • Mentally sound
    • Aged 18 years and above
       
  12. In the event the Depositor dies prior to the Recipient of Hibah Amanah TH, the Recipient of Hibah Amanah TH shall has absolute rights on the Hibah Amanah Asset(s) based on the percentage and it will be paid by TH  subject to the terms and conditions stated in Borang Permohonan Hibah Amanah TH/ Penamaan, Deed of Trust and Power of Attorney.
     
  13. In the event the Recipient of Hibah Amanah TH dies prior to the Depositor, the asset(s) shall be inherited by any person who is entitled to inherit the Hibah Amanah for the Recipient of Hibah Amanah TH under Shariah rulings and shall be payable by TH whenever a claim is made. TH shall make an adjustment on the percentage of balance of the Hibah Amanah Asset(s) payable to the other Recipients of Hibah Amanah TH who are still alive (if applicable) TH has the right to deduct the Hibah Amanah Asset(s) from the Hajj Registration Fee and Hajj payment if the Depositor is selected to perform hajj in the current year.
     

  14. In the event of the Depositor’s and Recipient’s concurrent deaths, the Hibah Amanah Asset(s) will be paid by TH according to the Letter of Administration presented by the heir of the Recipient of Hibah Amanah TH when making a claim for the Hibah Amanah Asset(s).

    14A. In the event the Recipient of Hibah Amanah TH dies prior to the Depositor, the terms described in paragraph 13 is applicable. 

  15. *In the event of  the Depositor’s death, the percentage distribution of the Nomination will be payable to the Nominee who is an Administrator and the *Depositor’s representative and is responsible to distribute in accordance with Shariah rulings
     
  16. *The percentage distribution will be paid to the First Nominee and only to the Second Nominee in the event of the former’s death.
     
  17. *However, if the Second Nominee wishes to make a claim, he/ she must obtain the First Nominee’s prior consent as stated in Borang Tuntutan Pengeluaran Hibah Amanah TH/*Penamaan.
     
  18. *If both the First Nominee and Second Nominee die, the percentage distribution of the Nomination will be returned to the Depositor to be managed.
     
  19. Please refer to the following  sections in relation to the terms of grant and acceptance of Hibah Amanah TH/Nomination:
    • Item C part I - the acknowledgment of Hibah Amanah TH/ *Nomination by the Depositor
    • Item C part II - the acceptance acknowledgment of Hibah Amanah TH  by the Recipient of Hibah Amanah TH/*Legal Guardian
    • Item C part III - the acceptance acknowledgment of Nomination by the Nominee
    • Item C part IV – the appointment of the Depositor as Trustee and TH as Substitute Trustee by the Recipient of Hibah Amanah TH
    • Item C part V – Witness’ Acknowledgement
    • Item C part VI - the acknowledgment of personal information disclosure, subject to the Personal Data Protection Act 2010
       
  20. Hibah Amanah TH as declared by the Depositor will be revoked if he/ she makes an application for cancellation (subject to the terms and conditions stated in Borang Pembatalan Hibah Amanah TH/ *Penamaan) or if the Depositor is disqualified as TH depositors (subject to the Tabung Haji 1995 Act (Act 535) and TH’s regulations).
     
  21. The Recipient of Hibah Amanah TH , *Nominee and Legal Guardian are encouraged to open TH savings account.
     
  22. In the event  the Depositor is of unsound mind, then a representative  is allowed to make a withdrawal from the Depositor’s savings account subject to prior written consent of all entitled heirs in accordance with the Shariah rulings , Tabung Haji Act 1995 (Act 535), TH regulations and Borang Permohonan Hibah Amanah TH/ *Penamaan.
     
  23. The Depositor cannot amend or cancel Hibah Amanah TH without the consent of the Recipient of Hibah Amanah TH  except where the Recipient of Hibah Amanah TH is a biological child/ grandchild of the Depositor, in which case it is suffice for  the Depositor to verify that biological child/ grandchild is still alive. The amendment and/or cancellation of Hibah Amanah TH is subject to the terms and conditions contained in the Borang Pindaan Hibah Amanah TH/ *Penamaan and Borang Pembatalan Hibah Amanah TH/*Penamaan, whichever is applicable.
     
  24. For Nomination, the Depositor can amend and/ or cancel the Nomination without the Nominee’s consent.
     
  25. Fees in relation to Hibah Amanah TH that will be imposed on the Recipient are as follows:
    • Application for Hibah Amanah TH/ *Nomination: the registration fee of RM190.00.
    • Application for amendment of Hibah Amanah TH/ *Nomination: the amendment fee is RM10.00 per amendment.
    • Application for Hibah Amanah TH/ *Nomination cancellation: the cancellation fee of RM70.00
       
  26. The fee Hibah Amanah TH Withdrawal Claim  is on a basis rate of one percent (1%) of the Depositor’s fund balance or a maximum of Ten Thousand Malaysian Ringgit (RM10, 000.00) which will be deducted from TH savings accounts of the Depositors.
     
  27. The Depositor must submit the following documents when applying for Hibah Amanah TH/ *Nomination:
    • personal identification document of the *Depositor (the original and a certified copy);
    • personal identification document of the Recipient of Hibah Amanah TH / Legal Guardian/ *Nominee (a certified copy);
    • the birth certificate/ certificate of Adoption for Recipient of Hibah Amanah TH who is under the age of 18 years (a certified copy);
    • supporting documents for a mentally disabled Recipient of Hibah Amanah TH (a certified copy)
       
  28. For the purpose of Hibah Amanah TH/ Nomination Withdrawal Claim after the death of the Depositor, the Recipient of Hibah Amanah TH (or an heir for a situation referred to in paragraph 13 above)/ Legal Guardian/ *Nominee must be present at any TH Branch Office by submitting the following documents (the original and a certified copy) of the following:-
    • Personal identification document of the Recipient of Hibah Amanah TH / Legal Guardian/ *Nominee;
    • Death certificate/ Report of Death Abroad of the Depositor;
    • Birth Certificate/ Certificate of Adoption for an underage/ a mentally disabled Recipient;
    • Death certificate/ Report of Death Abroad of the deceased Recipient of Hibah Amanah TH / *Nominee
    • Letter of Administration (if the Recipient of Hibah Amanah TH has passed away).
       
  29. Each copy of the documents must be certified by any of these individuals:
    • Village Chief;
    • Community Leader (for Sabah dan Sarawak only);
    • Employer;
    • Administration of Academic Institution;
    • Commissioner for Oaths;
    • Authorised TH Officers; or 
    • Advocate and solicitors of the High Court of Malaya, Sabah and Sarawak

    •  
  30. The qualification for the witness required in Borang Permohonan Hibah Amanah TH/ Penamaan are as follows:
    • Muslim individual, aged 18 or above and mentally sound: or 
    • Authorised TH staff.
       
  31. The qualification for the witness required for the deed of Power of Attorney:
    • Magistrate;
    • Justices of the Peace;
    • Land Administrator;
    • Notary Public;
    • Commissioner for Oaths; or
    • Administration of Academic Institution;
    • Advocate and Solicitor of the High Court of Malaya.
    Note: For Sabah and Sarawak qualification of witnesses are limited upon Magistrate, Public Notary and Commissioner for Oaths)
     
  32. The qualification for the witness required for Hibah Amanah TH Deed of Trust
    • Authorised TH staff
       
  33. These Terms and Conditions are subject to amendment and TH reserves the right at any time as it thinks fit to make such amendments without giving any notice to the Customer.