Harta yang tidak dituntut dalam Islam dan Undang-undang di Malaysia

Abstract

To date, an estimated RM66.6 billion worth of unclaimed property is reported to be found in various institutions across the country, consisting of movable and immovable properties. This issue should not be taken lightly as it could lead to more complicated problems when there is an issue of overlapping heirs which involves large extended generations.The scope of this study covers the issue of unclaimed property from the perspective of Islamic Laws and The Laws of Malaysia. The objective of this research is to analyse the issue of unclaimed property of Muslims in accordance with Islamic Laws, to present related existing legal provisions and subsequently to propose appropriate solutions to overcome this issue. This research uses qualitative method approach whereby data is obtained through library research method and semi-structured interview. Descriptive study analysis is applied to the laws of Malaysia and the views of the fuqaha’ on the concept of unclaimed property. In addition, comparative analysis is used to describe differences in the status of unclaimed properties in terms of Islamic and Civil Perspective. Findings from this research indicates that unclaimed property exists in several aspect in Islamic jurisprudence. Further, a number of provisions of unclaimed properties are constituted under the State Islamic Laws and Federal Laws. In order to address this issue, this research proposes several amendments to the existing laws. For example, the Probate and Administration Act 1959, should be amended exempting Muslims from this act. This research also proposes the establishment of a specific institution to manage unclaimed inheritance of the Muslims.