Issues and Challenges in Islamic Inheritance

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ISSUES AND CHALLENGES IN ISLAMIC INHERITANCE INTRODUCTION Islamic inheritance is one of the most important thing in islamic law. In legal terminology, it means inheritance must be divided from the property of the deceased among his successors. Inheritance also prominently dealt with in the quran and its often called ‘mirath’. All muslims are expected to follow and implement the rules of islamic inheritance. As we know islamic inheritance has been pre-ordained by Allah s.w.t in a wise and gradual manner in order to allow for its evenness with the judiciary and human nature which it can make difficult to change their normal practice. In addition, the system of inheritance had been continued in zaman jahiliyyah based on kinship and hijrah but the system of inheritance had been replaced by will distribution (wasiyyah) to parents and kins folk based on verse 180 in surah al-baqarah. Finally, in final stage all of the system was abolished and then its replaced by current islamic inheritance law. These law also derived from Allah based on mawarith verses which are verses 11, 12, and 176 from surah an-nisa’. Allah s.w.t has been determined with that rulings and method to distribute inheritance to all beneficiaries is just to be fairly to all level and don’t want conflict or contradiction among the beneficiaries. In al mawarith verse, allah had explained in detail the beneficiaries and the portions in the inheritance meaning. While islamic inheritance law is the responsibilities that must be fulfilled by beneficiaries before it can be apportioned by faraid distribution. But, nowadays there are many of trends that unclaimed inheritance had made it. It become serious thing and also become worse from time to time. So, there are many proble... ... middle of paper ... ...eirs became difficult to claim the property. Malaysia's legal system works in two court systems: a civil court and the islamic court and adopt a dual court system. The civil courts have been established under the Malaysian Constitution and command a larger share of the constitution, so that all Malaysians are subject to this jurisdiction. Instead, the Islamic courts were established by States and this court administering Islamic law only to Muslims. Federal Constitution can not be used to determine Sharia court's power to issue judgment. However, there is no provision in State law to give consideration to a number of cases, with the Sharia courts can not function properly implemented, such as cases involving non-Muslims. Because of this, the customer needs to process their inheritance cases through both the civil and Syariah Court will cost time and money.

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