Topic > Problems and Challenges in Islamic Heritage - 2005

PROBLEMS AND CHALLENGES IN ISLAMIC HERITAGEINTRODUCTIONIslamic heritage is one of the most important things in Islamic law. In legal terminology it means that the inheritance must be divided from the deceased's assets among his successors. Heredity is also dealt with prominently in the Quran and is often called "mirath". All Muslims are expected to follow and implement the rules of Islamic heritage. As we know, Islamic heritage was preordained by Allah swt wisely and gradually in order to enable its equality with judicial and human nature which may make it difficult to change their normal practice. Furthermore, the inheritance system had been continued in zaman jahiliyyah based on kinship and hijrah, but the inheritance system had been replaced by the distribution of the will (wasiyyah) to parents and relatives according to verse 180 of Surah al-Baqarah . Finally, in the final stage, the entire system was abolished and then replaced by the current Islamic inheritance law. These laws are also derived from Allah based on the mawarith verses which are verses 11, 12 and 176 of surah an-nisa'. Allah swt has been determined with the rulings and method to distribute the inheritance to all the beneficiaries just to be fair at all levels and not wanting conflicts or contradictions among the beneficiaries. In the verse al mawarith, Allah had explained in detail the beneficiaries and portions in the meaning of inheritance. While Islamic inheritance law deals with the responsibilities that must be fulfilled by the beneficiaries before they can be distributed by faid distribution. But nowadays there are many trends which have brought the unclaimed inheritance. It becomes serious and even gets worse from time to time. So there are a lot of problems… midway through the paper… it became difficult to claim ownership. Malaysia's legal system operates in two judicial systems: a civil court and an Islamic court and adopts a dual system. The civil courts were established under the Malaysian Constitution and control a larger part of the constitution, so that all Malaysians are subject to this jurisdiction. Instead, Islamic courts were established by states, and these courts administer Islamic law only to Muslims. The Federal Constitution cannot be used to determine the power of the Sharia court to issue sentences. However, there is no provision in state law that takes into account a number of cases, where Sharia courts cannot function properly, such as cases involving non-Muslims. For this reason, the client has to deal with their inheritance cases through both civil and Syariah courts, this will cost time and money.