Concept of Islamic inheritance law (faraid) in Malaysia: issues and challenges

Faraid is based on the Al-Quran, Al-Sunnah, the consensus of the Prophet’s (Peace and Blessings Be upon Him) companions and their ijtihad the process of making a legal decision by independent interpretation of the legal sources, the Al-Quran and the Sunnah. The interest of pursue knowledge in Islamic inheritance jurisprudence since to learn and understand the Islamic inheritance jurisprudence, to identify whether a person is an heir or heirs. Identify parts or shares each beneficiary is entitled to the estate and the calculation (computation) which may serve to reward any part or beneficiaries through the method of calculation ( mathematics). Although, faraid role in managing distribution of the estate but the distribution of wealth in this way can lead to certain problems if not administered properly and not properly understood. It is estimated that a total of RM42 bln. of Muslim inheritance has failed to be distributed to the rightful heir due to a certain problems. Among the factors that have been identified are related to the lack of effectiveness of the administrative system and also the attitude community and the attitude of the heir itself. Thus, by looking at the problems occur, society should been exposed by the faraid concept as a way of distribution of property and should be made the distribution of property during life as preliminary planning to avoid potential problems due to the the property left after their deaths. This is because the problem of arrears estate can bring bad implications from the perspective of economics, law, religion and social relationship. Accordingly, this study aims to discuss the issues and problems arising in the course of distribution of the estate using faraid system