The Application of Maslahah Mursalah Principle in Resolving Inheritance Claims by Non-Muslim Heirs of Converts at Baitulmal
Year: 2024
Type: article
Abstract: In the Islamic inheritance system, non-Muslims are prohibited from inheriting the estate of a Muslim, and likewise, Muslims cannot inherit from non-Muslims, as per authentic hadith. When there are no Muslim heirs, the estate is entrusted to Baitulmal as the administrator of the convert's inheritance. Disputes arise when non-Muslim family members contest the role of Baitulmal, leading to inheritance claims on the convert’s estate in Selangor, though this rarely occurs in other states. This paper aims to identify the application of the concept of ma?la?ah mursalah in resolving these inheritance claims from an Islamic perspective. The qualitative research is based on document analysis and interviews with informants. The findings indicate that Baitulmal applies the principle of ma?la?ah mursalah in resolving inheritance claims of converts based on siy?sah shar‘iyyah and maqasid syariah
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4402238349