Inheritance Distribution in Islam Between Legal Provisions and Dynamics of its Implementation

Noorsafuan Che Noh, Khiral Anuar Daud and Mohd Ali Mohd Yusuf
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Noorsafuan Che Noh: Faculty of Islamic contemporary Studies, University Sultan Zainal Abidin (UniSZA), Gong Badak Campus, 21300 Kuala Nerus, Terengganu, MALAYSIA
Khiral Anuar Daud: Faculty of Islamic contemporary Studies, University Sultan Zainal Abidin (UniSZA), Gong Badak Campus, 21300 Kuala Nerus, Terengganu, MALAYSIA
Mohd Ali Mohd Yusuf: Research Institute for Islamic Products and Malay Civilization (INSPIRE), University Sultan Zainal Abidin (UniSZA), Gong Badak Campus, 21300 Kuala Nerus, Terengganu, MALAYSIA

International Journal of Research and Innovation in Social Science, 2024, vol. 8, issue 12, 3719-3726

Abstract: Faraid law is a decree from Allah SWT which persist and remains constant, as explained in Surah an-Nisa’. The distribution of inheritance to heirs according to the stipulated portions is an obligation and not a mere choice. However, from a management perspective, there is still room for flexibility that is up for discussion as long as it is in accordance with the objectives of Shariah (maqasid shariah) and does not violate the heirs’ rights to the inheritance. This study seeks to analyze the discrepancy between the fixed rulings in faraid law and the dynamic processes involved in its distribution. It employs a documentation method of exploring the concepts of fixed (thawabit) and flexible (murunah) rulings in Islamic law, then applying these concepts in managing the inheritances. The study concludes that, from the perspective of the determination of the basic principles of inheritance law, such as the identification of heirs, inheritance methods, and the share of the inheritance, these are decrees from Allah SWT that do not change, as Islamic law has taken into account all the fundamental factors necessary for human life. Therefore, the rulings remain permanent and suitable for all people, regardless of their socio-cultural or socio-economic differences. Meanwhile, from the aspect of the management and planning of the distribution of inheritance, it is dynamic and changes in accordance with the passage of time, socio-cultural and socio-economic factors, or the welfare of the deceased and the heirs.

Date: 2024
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