ANALYSIS OF ISSUES AND CONFLICTS RELATED TO INHERITANCE DISPUTES IN SYARIAH COURTS

The Syariah Court is under the state government's jurisdiction as stated in the Ninth Schedule of List 2 of the State List of the Federal Constitution. The Syariah Court plays a role in hearing and deciding cases involving Syariah law in managing and administrating Islamic property. In the administration of Muslim inheritance, the Syariah Court has limited jurisdiction to issue a faraid certificate and determine the distribution of heirs in the inheritance. In addition, the Syariah Court also plays a role in resolving disputes closely related to inheritance such as trust property of the deceased including wills, grants, waqf, vows and zakat, which must be resolved first before the division of inheritance is made. Therefore, only property certified as inheritance can be divided among the rightful heirs. The purpose of this study is to identify the role of the Syariah Court in the administration of Muslim inheritance as well as to analyze issues and conflicts related to Islamic inheritance disputes based on the jurisdiction of the Syariah Court. The methodology of this study is qualitative, where data is collected through library and field research. Library research is conducted by examining related books, articles, statutes and circulars. From a practical aspect, the field study was conducted using an unstructured interview method with two informants, a judge and a sulh officer at Pasir Mas Syariah Lower Court. The findings of the study show that social issues cause the identified inheritance issues. The social issue is caused by the attitude of some heirs who are greedy and do not tolerate their fellow heirs and relatives even though the Syariah Court has decided the division of the inheritance against all eligible heirs. Therefore, this study has outlined some suggestions to increase the community's knowledge of faraid.

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Publication Details

Journal
International Journal of Law Government and Communication
Published
2024-12-12
DOI
https://doi.org/10.35631/ijlgc.938008
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
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article

ANALYSIS OF ISSUES AND CONFLICTS RELATED TO INHERITANCE DISPUTES IN SYARIAH COURTS

Fathullah Asni, Afiffudin Mohammed Noor, Nur Amalina Ismail
International Journal of Law Government and Communication
Islamic Finance and Banking Studies
article

ANALYSIS OF ISSUES AND CONFLICTS RELATED TO INHERITANCE DISPUTES IN SYARIAH COURTS

Fathullah Asni, Afiffudin Mohammed Noor, Nur Amalina Ismail
article en

Abstract

The Syariah Court is under the state government's jurisdiction as stated in the Ninth Schedule of List 2 of the State List of the Federal Constitution. The Syariah Court plays a role in hearing and deciding cases involving Syariah law in managing and administrating Islamic property. In the administration of Muslim inheritance, the Syariah Court has limited jurisdiction to issue a faraid certificate and determine the distribution of heirs in the inheritance. In addition, the Syariah Court also plays a role in resolving disputes closely related to inheritance such as trust property of the deceased including wills, grants, waqf, vows and zakat, which must be resolved first before the division of inheritance is made. Therefore, only property certified as inheritance can be divided among the rightful heirs. The purpose of this study is to identify the role of the Syariah Court in the administration of Muslim inheritance as well as to analyze issues and conflicts related to Islamic inheritance disputes based on the jurisdiction of the Syariah Court. The methodology of this study is qualitative, where data is collected through library and field research. Library research is conducted by examining related books, articles, statutes and circulars. From a practical aspect, the field study was conducted using an unstructured interview method with two informants, a judge and a sulh officer at Pasir Mas Syariah Lower Court. The findings of the study show that social issues cause the identified inheritance issues. The social issue is caused by the attitude of some heirs who are greedy and do not tolerate their fellow heirs and relatives even though the Syariah Court has decided the division of the inheritance against all eligible heirs. Therefore, this study has outlined some suggestions to increase the community's knowledge of faraid.

International Journal of Law Government and CommunicationVol. 9(38)
Universiti Sains Malaysia (MY), Universiti Teknologi MARA (MY)
Peace, Justice and strong institutions
Openalex Percentile: Top 58%
Islamic Finance and Banking Studies
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