Flexibility of takharuj principle in solving the inheritance issues

Md. Yazid Ahmad, Ezad Azraai Jamsari, Badlihisham Mohd Nasir, Aminudin Hehsen, Wan Zulkifli Wan Hassan

Research output: Contribution to journalReview article

5 Citations (Scopus)

Abstract

The flexibility contained in Islamic inheritance law through the takharuj principle is less publicized as a significant approach in facing problems in Muslim inheritance distribution, specifically in Malaysia. The impact from not understanding the takharuj principle in Islamic inheritance law is the society's over-dependence on faraid which is exposed to constraints besetting distribution, at once inhibiting the smooth management for solutions. This situation contributes to an immense accumulated value of unclaimed inheritance property from year to year. Accordingly, the principle of takharuj in inheritance law needs to be implemented wisely and prudently in order that the goal of maintaining benefit and eliminating harm or loss may be accomplished. Research results show that the application of takharuj in solving distribution issues of Muslim inheritance is permissible in Shariah and enables dealing with various problems related to distribution, among them, the difficulty of physical division of property due to sharing by a large number of heirs, existing statutory constraints, increase in cost due to double registration and delay in settling of distribution due to negative attitude of beneficiries leading to munasakhat (complex calculations in layered deaths) cases. Essentially, the principle of takharuj allows the rightful heirs the option and leeway to distribute property in the best manner consistent with Shariah and inheritance laws.

Original languageEnglish
Pages (from-to)867-878
Number of pages12
JournalInternational Journal of Civil Engineering and Technology
Volume8
Issue number11
Publication statusPublished - 1 Nov 2017

Fingerprint

Costs

Keywords

  • Flexibility
  • Inheritance
  • Islamic inheritance law
  • Malaysia
  • Society
  • Takharuj

ASJC Scopus subject areas

  • Ceramics and Composites
  • Civil and Structural Engineering
  • Building and Construction
  • Metals and Alloys

Cite this

Flexibility of takharuj principle in solving the inheritance issues. / Ahmad, Md. Yazid; Jamsari, Ezad Azraai; Nasir, Badlihisham Mohd; Hehsen, Aminudin; Wan Hassan, Wan Zulkifli.

In: International Journal of Civil Engineering and Technology, Vol. 8, No. 11, 01.11.2017, p. 867-878.

Research output: Contribution to journalReview article

@article{9da6928518954660aeabd9ad58558a1e,
title = "Flexibility of takharuj principle in solving the inheritance issues",
abstract = "The flexibility contained in Islamic inheritance law through the takharuj principle is less publicized as a significant approach in facing problems in Muslim inheritance distribution, specifically in Malaysia. The impact from not understanding the takharuj principle in Islamic inheritance law is the society's over-dependence on faraid which is exposed to constraints besetting distribution, at once inhibiting the smooth management for solutions. This situation contributes to an immense accumulated value of unclaimed inheritance property from year to year. Accordingly, the principle of takharuj in inheritance law needs to be implemented wisely and prudently in order that the goal of maintaining benefit and eliminating harm or loss may be accomplished. Research results show that the application of takharuj in solving distribution issues of Muslim inheritance is permissible in Shariah and enables dealing with various problems related to distribution, among them, the difficulty of physical division of property due to sharing by a large number of heirs, existing statutory constraints, increase in cost due to double registration and delay in settling of distribution due to negative attitude of beneficiries leading to munasakhat (complex calculations in layered deaths) cases. Essentially, the principle of takharuj allows the rightful heirs the option and leeway to distribute property in the best manner consistent with Shariah and inheritance laws.",
keywords = "Flexibility, Inheritance, Islamic inheritance law, Malaysia, Society, Takharuj",
author = "Ahmad, {Md. Yazid} and Jamsari, {Ezad Azraai} and Nasir, {Badlihisham Mohd} and Aminudin Hehsen and {Wan Hassan}, {Wan Zulkifli}",
year = "2017",
month = "11",
day = "1",
language = "English",
volume = "8",
pages = "867--878",
journal = "International Journal of Civil Engineering and Technology",
issn = "0976-6308",
publisher = "IAEME Publication",
number = "11",

}

TY - JOUR

T1 - Flexibility of takharuj principle in solving the inheritance issues

AU - Ahmad, Md. Yazid

AU - Jamsari, Ezad Azraai

AU - Nasir, Badlihisham Mohd

AU - Hehsen, Aminudin

AU - Wan Hassan, Wan Zulkifli

PY - 2017/11/1

Y1 - 2017/11/1

N2 - The flexibility contained in Islamic inheritance law through the takharuj principle is less publicized as a significant approach in facing problems in Muslim inheritance distribution, specifically in Malaysia. The impact from not understanding the takharuj principle in Islamic inheritance law is the society's over-dependence on faraid which is exposed to constraints besetting distribution, at once inhibiting the smooth management for solutions. This situation contributes to an immense accumulated value of unclaimed inheritance property from year to year. Accordingly, the principle of takharuj in inheritance law needs to be implemented wisely and prudently in order that the goal of maintaining benefit and eliminating harm or loss may be accomplished. Research results show that the application of takharuj in solving distribution issues of Muslim inheritance is permissible in Shariah and enables dealing with various problems related to distribution, among them, the difficulty of physical division of property due to sharing by a large number of heirs, existing statutory constraints, increase in cost due to double registration and delay in settling of distribution due to negative attitude of beneficiries leading to munasakhat (complex calculations in layered deaths) cases. Essentially, the principle of takharuj allows the rightful heirs the option and leeway to distribute property in the best manner consistent with Shariah and inheritance laws.

AB - The flexibility contained in Islamic inheritance law through the takharuj principle is less publicized as a significant approach in facing problems in Muslim inheritance distribution, specifically in Malaysia. The impact from not understanding the takharuj principle in Islamic inheritance law is the society's over-dependence on faraid which is exposed to constraints besetting distribution, at once inhibiting the smooth management for solutions. This situation contributes to an immense accumulated value of unclaimed inheritance property from year to year. Accordingly, the principle of takharuj in inheritance law needs to be implemented wisely and prudently in order that the goal of maintaining benefit and eliminating harm or loss may be accomplished. Research results show that the application of takharuj in solving distribution issues of Muslim inheritance is permissible in Shariah and enables dealing with various problems related to distribution, among them, the difficulty of physical division of property due to sharing by a large number of heirs, existing statutory constraints, increase in cost due to double registration and delay in settling of distribution due to negative attitude of beneficiries leading to munasakhat (complex calculations in layered deaths) cases. Essentially, the principle of takharuj allows the rightful heirs the option and leeway to distribute property in the best manner consistent with Shariah and inheritance laws.

KW - Flexibility

KW - Inheritance

KW - Islamic inheritance law

KW - Malaysia

KW - Society

KW - Takharuj

UR - http://www.scopus.com/inward/record.url?scp=85036539102&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=85036539102&partnerID=8YFLogxK

M3 - Review article

AN - SCOPUS:85036539102

VL - 8

SP - 867

EP - 878

JO - International Journal of Civil Engineering and Technology

JF - International Journal of Civil Engineering and Technology

SN - 0976-6308

IS - 11

ER -