Flexibility of takharuj principle in solving the inheritance issues

Abstract

The flexibility contained in Islamic inheritance law through the takharuj principle is less publicized as a significant approach in facing problems in Muslim inheritance distribution, specifically in Malaysia. The impact from not understanding the takharuj principle in Islamic inheritance law is the society's over-dependence on faraid which is exposed to constraints besetting distribution, at once inhibiting the smooth management for solutions. This situation contributes to an immense accumulated value of unclaimed inheritance property from year to year. Accordingly, the principle of takharuj in inheritance law needs to be implemented wisely and prudently in order that the goal of maintaining benefit and eliminating harm or loss may be accomplished. Research results show that the application of takharuj in solving distribution issues of Muslim inheritance is permissible in Shariah and enables dealing with various problems related to distribution, among them, the difficulty of physical division of property due to sharing by a large number of heirs, existing statutory constraints, increase in cost due to double registration and delay in settling of distribution due to negative attitude of beneficiries leading to munasakhat (complex calculations in layered deaths) cases. Essentially, the principle of takharuj allows the rightful heirs the option and leeway to distribute property in the best manner consistent with Shariah and inheritance laws.