Sole Proprietorship Business Succession in Malaysia: A Perspective of Civil and Islamic Law*

• 발행기관: 한국유통과학회
• 저자명: Afifah HAMDAN Nasrul Hisyam NOR MUHAMAD Mohd Khairy KAMARUDIN Abdul Basit SAMAT@DARAWI Nik Mohd Zaim AB RAHIM Nur Izzati MOHAMAD NORZILAN
• 간행물 정보: 『The Journal of Asian Finance, Economics and Business(JAFEB)』Vol. 9 No.3, 285~293쪽, 전체 9쪽
• 주제분류: 경제경영 > 경제학
• 파일형태: PDF
• 발행일자: 2022.03.30

영문 초록

Issues relating to business inheritance are a primary focus for business owners. Business inheritance is critical to ensuring that the business can be managed by the next generation and family members can benefit from the earnings and revenues. Therefore, preliminary planning must be done while the business owner is still alive by selecting the appropriate business inheritance mechanism for Muslims in Malaysia. The mechanisms of business inheritance, notably faraid, hibah, amanah, and hibah amanah will be examined in this paper from both a civil and Islamic perspective. By reviewing written journals and previous research, this research utilizes the library method. According to this study, business succession can be carried out by naming a beneficiary as a partner in the company or by completing the ownership transfer process while the owner is still living. In the other situation, it can be done by anyone among the heirs agreeing to re-register the business as usual. Meanwhile, there are four main instruments in Islamic law that can be used: faraid, hibah, amanah, and commercial hibah. According to this study, each instrument has a different impact on business succession. Entrepreneurs should use these instruments in their firm succession planning.

목차

1. Introduction

2. Business Succession Planning

3. Sole Proprietorship Business in Malaysia

4. Method of Business Succession from Civil Law Perspective

5. Method of Business Succession from Islamic Perspective

6. Conclusion

References

키워드

Business Inheritance Sole Proprietorship Business Hibah Amanah