The Application of Maslahah Mursalah Principle in Resolving Inheritance Claims by Non-Muslim Heirs of Converts at Baitulmal

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

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Publication Details

Journal
International Journal of Academic Research in Business and Social Sciences
Published
2024-08-29
DOI
https://doi.org/10.6007/ijarbss/v14-i8/22034
Primary Topic
Marriage and Family Dynamics
Type
article
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article

The Application of Maslahah Mursalah Principle in Resolving Inheritance Claims by Non-Muslim Heirs of Converts at Baitulmal

Nor Adila Mohd Noor, Sofiyyah Mohd Suhaimin, Md Yazid Ahmad, Shofian Ahmad et al.
International Journal of Academic Research in Business and Social Sciences
Marriage and Family Dynamics
article

The Application of Maslahah Mursalah Principle in Resolving Inheritance Claims by Non-Muslim Heirs of Converts at Baitulmal

Nor Adila Mohd Noor, Sofiyyah Mohd Suhaimin, Md Yazid Ahmad, Shofian Ahmad, Anwar Fakhri Omar
article en

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

International Journal of Academic Research in Business and Social SciencesVol. 14(8)
University Health Care System (US), Marymount University (US)
Reduced inequalities
Openalex Percentile: Top 77%
Marriage and Family Dynamics
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The Application of Maslahah Mursalah Principle in Resolving Inheritance Claims by Non-Muslim Heirs of Converts at Baitulmal — Nor Adila Mohd Noor, Sofiyyah Mohd Suhaimin, et al. · International Journal of Academic Research in Business and Social Sciences (2024) | TGRS Research Map | TGRS