Year: 2024
Type: article
Abstract: Reclamation of inheritance is the means wherein successors acquire inherited properties obtained from the Baitulmal. These assets are placed under its property considering the deceased has no qualified or specific descendants (as per the principle of asabah) that constitute the Baitulmal as a valid heir pursuant to religious rights of inheritance. They are later distributed to the Muslim community when necessary, in line with Section 13(1) of the Small Estates (Distribution) 1955 (Act 98), enabling heirs to redeem the Baitulmal's share. The objective of this study is to explore the subject of reclaiming Muslim inheritance via literature review and discernment among selected Malaysian professionals. The primary research approach utilized in this qualitative case study was semi-structured interviews involving four Malaysian experts from Islamic organizations, local authorities, and a legal firm. Data were assessed thematically to uncover key themes and findings. The present research accurately clarifies the notion of Islamic inheritance reclamation in depth, integrating widely used terms like takharuj and sulh. They allude to the relinquishment of possession in exchange for reimbursement, remuneration, or restitution determined by present valuation under a sale-and-purchase framework, providing a solution to succession issues by way of musyawarah (compromise) between successors. The premise also rests on customs maintained by the companions throughout the reign of Caliph Uthman bin Affan, prioritizing equity and complying to al-‘adah al-sahihah with respect to the fundamentals of fara’id. In this study, heirs consent on purchasing the Baitulmal's assets in cash all while abiding to Shariah requirements.
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404834267