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Kerelevanan Penyelesaian Masalah Pembahagian Pusaka Islam di Malaysia Melalui Pendekatan Takharuj.
- Source :
-
Islāmiyyāt: International Journal of Islamic Studies . 2019, Vol. 41 Issue 2, p17-28. 12p. - Publication Year :
- 2019
-
Abstract
- The increase in the Muslim population ofMalaysia corresponds with the growth of the general population. Implicitly, projection of the value of unclaimed Muslim inheritance estate which has reached more than RM60 billion will be more critical if the increase in the Muslim population is not balanced with more comprehensive awareness and understanding of Islamic inheritance laws including the mechanism of takharuj in resolving distribution issues of Islamic inheritance laws. Given that Islamic inheritance laws must be complied with in distribution of inheritance estate, it must nevertheless be implemented in a realistic and practicable manner so that the objectives of the laws are achieved. Hence, the objective of this article is to discuss the relevance of applying the takharuj mechanism as a means of resolving distribution issues of inheritance within the framework of the Constitution and the socio-economy of the Muslim community in Malaysia. This qualitative research is based on primary and secondary sources using document analysis and is descriptively presented. Research results conclude that the takharuj approach is a significant and relevant aspect in the aspect of overcoming legal constraints in the context of Muslim inheritance distribution within the framework of the Constitution which constrains heirs from obtaining their rights, in dealing with extreme fragmentation ofproperty size and avoiding delay in managing of inheritance distribution. [ABSTRACT FROM AUTHOR]
- Subjects :
- *ISLAMIC law
*INHERITANCE & succession
*QUALITATIVE research
*HEIRS
*MUSLIMS
Subjects
Details
- Language :
- Malay
- ISSN :
- 01265636
- Volume :
- 41
- Issue :
- 2
- Database :
- Academic Search Index
- Journal :
- Islāmiyyāt: International Journal of Islamic Studies
- Publication Type :
- Academic Journal
- Accession number :
- 141149302
- Full Text :
- https://doi.org/10.17576/islamiyyat-2019-4001-03