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Fara'id in the Pahang State of Malaysia: Theory and practice

By Mohamad Khairul Anwar Osman

Abstract

This present study concerns fara'id and its application in Pahang State, Malaysia, from the theoretical and practical aspect. Fara'id is the law concerning intestate\ud inheritance and is the subjects of the most detailed legal provision revealed in the Quran. Because of its importance the Prophet urged his companions to acquire this particular knowledge and warn them that `ilm al-Farä'id or the science of estate distribution is the first knowledge that will be taken away from his ummah or society. Since fara'id literally means obligations, many have assumed that it is an obligatory law, which Muslims have no choice but to obey. The study, however, concludes that it\ud is not an obligation for Muslims to dispose of their inheritance in accordance with the fixed fractional shares prescribed in the Quran, as the rules of fara'id also\ud acknowledge a form of distribution or settlement based on the concept of mutual agreement, as can be seen in the principle of al-Takharuj.\ud \ud Practically, the study found that there are two settlement methods applicable in the State of Pahang: fara id and mutual agreement. Nevertheless, the study revealed that the percentage of Muslim cases settled by fara id is much lower than that of those settled by mutual agreement, the main reason for this being that settlement by mutual agreement is much faster than settlement by farä id It was also found that the advice given by the officer in charge also played an important part in influencing the claimants' decision to settle their case by mutual agreement.\ud \ud An examination of the Muslim cases settled by the authoritative agencies revealed that there are settlements, which are not in accordance with the principles of Islamic\ud law and fara id in particular. This was due to three factors. Firstly, the acts themselves; secondly, the decisions of the High Court; and thirdly, the mistakes made\ud out of ignorance by the officer in charge. A study of the cases of Muslim inheritance also revealed that farä'id as applied in the State of Pahang continues to be based on\ud the traditional law of the Shäf ii school and up to the present day no attempt been made in Malaysia to follow the example of other Muslim countries such as Egypt, Syria, Sudan, Tunisia and Pakistan in reforming the law

Publisher: Arabic & Middle Eastern Studies (Leeds)
Year: 2001
OAI identifier: oai:etheses.whiterose.ac.uk:554

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  1. 00 Cý om v'
  2. 00 vi Case involved with bequest to the legitimate heir vii Case settled
  3. 1 CN C7\ 47\ alý 0\ ON If) W5 a 0 in t- en In Mý Ö N rr rn rn rn C' C'
  4. 10/1992 None i All heirs were present ii. Legitimate heirs consisted of 3 sons and 3 daughters iii. The deceased made a bequest to give rubber plantation estate (6 acres) valued RM
  5. 12=RM 6028.50 i All heirs present ii. Legitimate heirs, a widower, son and two daughter iii. The deceased left saving of RM 12,342.00 and five acres land valued RM
  6. 222 011 c'1
  7. 500.00 v The remaining immovable property was distributed by mutual agreement and it was decided to be transferred to the widower . vi Case involved with jointly acquired property vii Case settled
  8. 6028.50 was forwarded to bait al-Mal. v Case settled
  9. Agency manakah kes ands diselesaikan a
  10. AlI heirs were present ii. The deceased left five legitimate heirs. A widower of Indian origin, three sons and a daughter iii. Immovable property left was a three acres Malay reservation Land valued RM
  11. Apa pendapat anda tentang penggunaan Faraid di dalam menyelesaikan sesuatu kes itu
  12. Apakah bentuk pembahagian yang di gunakan untuk membahagi-bahagikan harta pusaka anda a) Pakat b
  13. Apakah masalah yang anda hadapi semasa membuat urusan untuk menyelesaikan kes pusaka ands
  14. Apakah masatah tersebut? (sila nyatakan dengan ringkas)
  15. Apakah pendapat anda tentang kesesuaian membuat Pembahagian cara Faraid di mass kini?
  16. Apakah yang mendorong anda menggunakan cars tersebut ...................................................................................................
  17. Apakali pendapat anda tentang pengunaan Pakat didalam menyelesaikan sesuatu kes pusaka itu? 6
  18. Applying the value of property
  19. (1995). at the Institute of Islamic Understanding
  20. Bagaimana ands mendapat maklumat tentang cara untuk meuyelesaikan harta pusaka anda.
  21. Berapa lamakah masa yang diambil oleli agency tersebut untuk menyelesaikan kes ands? b) Tidak berpuas hati. Sila sertakan alasan anda
  22. c; V a ie V Cc Q` aý O C. ýdö a ýrn QQý w C o L OU CC R w z z yý
  23. Date of Receiving Form C from the High Court
  24. Date of receiving the farä'icl certificate
  25. Date of receiving the. farä'ir/certificate
  26. Date of receiving thejard'i(I certificate
  27. Date requesting fard'icl certificate
  28. Date requesting farn'id certificate
  29. fardi(/ certificate ii Date of receiving the, farä'icl certificate
  30. fardi(I certificate ii Date of receiving the fard 'ir1 certificate
  31. (1973). History of Pahang",
  32. iv All heirs wanted distribution based on. fara'i¢
  33. Kes: a) Ada masalah dan pertelingkahan sesama waris b) Tiada masalah sesama waris
  34. M v "T ö CD 1. M f4 m le (lý ýo t- 00 olý c\ cý a, oý cN o\
  35. (1937). Malay Family law", Journal of the Malayan Branch of the Royal Asiatic Society,
  36. NNNr-N .-"O NMý! 1 V) 00 Vl (n cý tf) rN ý--ý
  37. O r q.
  38. Oý tr ýD rV lD
  39. Payment to the bail a! Merl HEARING DECISION HPK.
  40. Payment to the bail al Mnl HEARING DECISION PTT. 349/106/517 (90) Jamalulail Bin Abdullah Husband
  41. Payment to the bail al-Mn/
  42. Payment to the bait a!.
  43. Payment to the bait al
  44. Payment to the bait al Mäl HEARING DECISION HPK.
  45. Payment to the bait al Mäl REARING DECISION HPK.
  46. Payment to the bait al Mdl
  47. Payment to the bait al-M61 HEARING DECISION HPK.
  48. Payment to the bait al-Ma!
  49. Payment to the bait al-Ma! HEARING DECISION HPK.
  50. Payment to the bait al-Mal
  51. Payment to the bait al-Mal HEARING DECISION PTB 349/17/380 (95) Kamisah B. Ahmad Wife
  52. Payment to the bait al-Merl
  53. Payment to the hail al-Mal
  54. Payment to the hait al-Mäl
  55. Q) vn Z CL ýs o c rn -11 Q E aý öU ýö ;ý4 "ýy ýy ýi Ö z w.
  56. Receiving the result from the Shari `ah Court
  57. Receiving the result from the Shari 'ah Court
  58. Receiving the result from the Shari'ah Court
  59. Receiving the result from the Shat-Pah Court
  60. Receiving the valuation
  61. Referring the case to the Shari `ah court
  62. Referring the case to the Shari 'ah court
  63. (1960). RM7,875. v Case related to section 16, Land Act (GSA)
  64. Therefore the widower cannot inherit the land. Movable property left was saving RM 10,000.00 iv All heirs agreed to settle by mutual agreement. The land was transferred to the eldest son and movable property was distributed equally where each heir
  65. Umur a) 18 - 20 d) 40-50 Pekerjaan b) Perempuan b) 20 -30 c) 50-60 Bidang pengkhususan c) 30-40 d) 60 keatas Status Diri a
  66. (1988). Un dan -Undang ! Iengen zi Penladhiran clan J'engiirnsan Haria Pusaka Drang Islam Di Malaysia, (Law Concerning the Administration of Muslim Estate in Malaysia) Rahmaniah,
  67. v The remainder of the saving is divided by mutual agreement. Each of them get equal share '/4 = RM 6,250.00 vi Cases related with jointly acquired property vii Case settled
  68. vi Case involved al-Radd to surviving spouse. vii Case settled
  69. vý kn 4N c*,

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