Making the claim system work based on hate only opens the door for major PLD claim-stealing abuse.
Right now, the cure-bomb-claim-steal methodology only works if it moves the NM far enough away from the group with claim that the Player with claim disengages, causing the NM to go white.
If claim was simply assigned to the player with the most hate, any PLD could cure1 + Sentinel/Curecheat/Invincible and cap VE with a fair amount of CE and potentially rip claim off of groups that aren't capping their TE.
Claim being assigned based on Enmity is also very dangerous, since it would cause Charm-wielding NMs to *always* charm the player with direct Claim. It is extremely easy to have more hate than the sole WHM in a group when the melees are charmed, making it significantly easier to steal Cirein-Croin from any group at all; whether they are informed about claim mechanics or not.
Right now at least, any group that knows what they are doing can prevent loss of claim 100% of the time by taking very simple actions at the appropriate times. It is simply a matter of knowing how it works and what you need to do.
