Achieving a balance in the execution of the will between the testator, the beneficiary, and the heir: a case study of Amanah Raya Berhad (ARB)

The arrival of Islam ensured balance in all its legislation. The property owner has the right of implementing the will and protecting the rights of the heirs, whereby a balance is achieved between the owner and those entitled to the property inheritance. Islam allows the property owner the right to dispose of a third of his ownership by will for whomever he wished during his life and the remaining property belongs to the heirs is not valid to be dispose of. This right is God’s commandment that enjoined the inheritance to those who deserve it according to the shares determined by the Sharia. Herein lies the research problem; the Shariah did not give freedom to the property owner to do as he wish to. Rather, Islam specified the recommended amount which he should not exceed. The aim of this study is to discuss and analyze the case of will writing in Amanah Raya Berhad (ARB), and the conditions for its implementation. This study relied on inductive approach, by following the opinions of the jurists and their evidence regarding the conditions of entitlement to the will and the validity of its contract for the benefactor. An analytical method is used in discussing and analyzing the opinions and evidence of the jurists to the provisions with what is done in the Amanah Raya Berhad (ARB). This study reached important results: Amanah Raya Berhad (ARB) did not acknowledge the obligatory bequest (wasiat wajibah) if the owner of the property did not make a will. This contrasts with the Fatwa Department in Malaysia. Amanah Raya Berhad (ARB) prohibits the will of the heir and suspended its implementation on the consent of the heirs. It permitted a non-Muslim to make a will and freedom to carry out his will

Ithbat al-mawarith fi zill al-thawabat wa-al-mutaghayyirat : dirasah tahliliyah = Fixed and flexibilities of the Islamic law of succession : an analysis / Raouane Azziz Bachir

The syariah law is clear and absolute. However, the worldly life occurrences of humans are infinite, creating endless issues. Therefore ijtihad is required in solving these infinite issues, The Islamic syariah law, was very clearly elucidated in the early years it was first introduced to the ummah. However, as time passes, ijtihad was seen accepted without questions, and signs of disillusion started to appear. This in return, led to the weakening within the ummah itself, thus making us more sluggish in our development. It is crucial that the Islamic scholars who are well equipped with the knowledge within this area to work together in contributing to ijtihad in the Islamic syariah law. The writer wishes to enlighten the ummah on matters regarding the inheritance by incorporating the knowledge of modern science within the Islamic syariah law itself. The writer has traced back the inductive approach which is in line with the nature of this research itself. He has cross-referenced multiple sources and articles, and then applied this approach to jurisprudence in the subject of inheritance. The writer divides this discussion into two sections: Islamic law of inheritance; which is definite and secondly; knowledge that change such as hermaphrodite, pregnancy and missing person. The later subject is discuss in detail with the presence of the scientific evidence; a paradigm shift in the knowledge of Islamic law in inheritance. The contribution of science knowledge (medicine, forensic science, telecommunications) in understanding many of the provisions we thought in the past were conclusive, when confronted and recognized then for the first time. However the veiled knowledge can now be revealed by the scientists, the time has come to make a paradigm shift. The researcher sought to benefit from modern science and applies them to some of the provisions of inheritance, for example the knowledge of hermoprodite, the viability length of pregnancy, and DNA evidence. These results are very important because they are able to provide new things in Islamic law of inheritance; consolidating the concepts of jurisprudence, and to know that science is the largest server of the religion and both science and religion is inseparable. Furthermore the development of science has increased firmness of Islam and its clarification

نسب ولد اللعان وميراثه : دراسة مقارنة بين الشّريعة الإسلامية والقانون الماليزي: CHILD’S LINEAGE OF AL-LI’AN (OATH OF CONDEMNATION) AND HIS INHERITANCE RIGHTS: A COMPARATIVE STUDY BETWEEN ISLAMIC AND MALAYSIAN LAW

Abstract in Arabic: إن نسب ولد اللّعان وميراثه من أبيه الذي نفاه ولاعن على نفيه، يعدّ من المسائل التي لها اعتبارها في الشّريعة والقانون، وذلك لتعدّي الأثر المترتّب على نفي نسبه من أبيه، إلى حرمانه من الميراث من هذا الأب وأسرته، وقد أقرّت بعض المحاكم تحليل البصمة الوراثية عند نفي نسب الولد، وهنا تكمن مشكلة البحث، وذلك فيما إذا نفى الأب الابن وأقرّت نسبه  البصمة الوراثية. هدفت هذه الدّراسة إلى التّعريف بولد اللّعان من النّاحية الشّرعية والقانونية، ثم بأهمية تحليل البصمة  الوراثية كدليل يعمل به عند تضارب الأقوال بين الزّوج والزّوجة، وقد اعتمدت الدّراسة في هذا البحث على المنهج الاستقرائي وذلك من خلال تتبّع آراء الفقهاء وأدلتهم، والنّظر في سبب الخلاف بينهم، كما اعتمدت على المنهج التّحليلي المقارن في مناقشة آراء الفقهاء وأدلتهم وتحليلها، مع مقارنة هذه الأحكام بما يجري عليه العمل في القانون الماليزي، وقد خلصت هذا الدّراسة إلى نتائج مهمّة منها: أن الولد يبقى على نسب أبيه ما لم ينفه ويلاعن عليه، وأنّ فصل القول عند نفي نسب الولد أو إثباته يرجع إلى تحليل البصمة الوراثية، وأن ولد اللّعان لا ينتفي نسبه وميراثه إلا إذا وافق تحليل البصمة الوراثية قول الزّوج الملاعن.    Abstract in English: The lineage of al-li`an child and his inheritance from his father, who denied him and performed oath of condemnation (al-mula’anah) is considered one of the crucial issues in the Sharia and the law. This is because of the serious effects of denying his lineage from his father, which leads to depriving the child of the inheritance of the father and his family. Some courts accepted the analysis of the DNA when denying the child's lineage. Based on this fact, the issue has raised, especially when there is a conflict between the father’s denial of his son and the court’s finding based on DNA result. Which one is to be accepted if the father denied while the court confirmed his child’s lineage? This study aimed at introducing al-li`an child from Sharia and legal points of view, and the importance of analyzing the genetic footprint (DNA) as a guide to be used when there is a conflict between husband and wife in their opinions. The research methods used in this study are the inductive approach by tracking the views and evidence of the Islamic jurists and examining the reasons for the disagreement among them. In comparison, the analytical and comparative methods are used to discuss and analyze the opinions of the jurists and their evidence and compare these provisions with what is being practiced in Malaysian law.  This study has reached some important results among others: the child of al-li`an remains a legitimate child as long as the father did not deny his lineage. The final decision on denying or confirming child’s lineage is based on the analysis of the genetic fingerprint (DNA result). Therefore, the lineage of al-li’an child and his inheritance right remains valid or undeniable unless the analysis result of the genetic fingerprint conforms with the statement of the father who denied his child lineage through al-li`an (oath of condemnation).  The lineage of the li`an child and his inheritance from his father, who denied and cursed him, is considered an important question in the Sharia and the law. This is because of the transgression of the effect of denying his lineage from his father, to depriving him of the inheritance from this father and his family. Some courts have approved the analysis of the DNA when denying the child's lineage. Herein lies the research problem. This is the case if the father denies the son and his genealogy is confirmed. This study aimed at introducing the li`an child from a Sharia and legal point of view.  Then, the importance of analyzing the genetic footprint as a guide to be used when conflicting sayings between husband and wife. The study relied on this research on the inductive approach by tracking the opinions and evidence of the jurists, examining the reason for the disagreement between them. It also relied on the analytical and comparative approach in discussing and analyzing the opinions of jurists, their evidence, comparing these provisions with what is being done in Malaysian law.  This study concluded with important results, including that the father of li`an remains in the lineage of his father unless he denies it, that the separation of words when denying or proving the child's lineage is due to the analysis of the genetic fingerprint, that the li’an child does not negate his lineage and inheritance unless the analysis of the genetic fingerprint agrees with the statement of the Li`an

Ḥuqūq al-Mīrāth lināqil al-‘Adwā bi Fairūs Kūrūnā (Kūfīd-19) fī Manẓūr al-Sharī‘ah al-Islāmiyah wa al-Qānūn al-Indūnīsīyī

Islamic law, as well as Indonesian law, prohibits the intentional killer's entitlement to inheritance and bequest to him. This research aims to study the ruling on the felony of murder by transmitting Coronavirus (Covid-19) infection. Subsequently, the impact of inheritance and wills due to transmitting this infection deliberately or unintentionally. The research uses the descriptive approach and the analytical method in defining the felony of incapacitating murder and analyzing the impact of transmitting infection with this pandemic virus. The research comes with several results, including that whoever deliberately transmits infection with the Coronavirus (Covid-19) to people is regarded as the Spoilers on the land, that this felony deserves the punishment, that he is forbidden from inheriting if he is the heir, and that he is forbidden from the approval of the will if it is bequeathed to him