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A solution for inheritance property of lost person (Mafqud) from Islamic law perspective

Salleh, Mohd. Muslim and Muhamad, Nasrul Hisyam Nor and Husin, Ezwan Rafiq (2017) A solution for inheritance property of lost person (Mafqud) from Islamic law perspective. International Journal of Islamic and Civilization Studies (UMRAN), 4 (1). pp. 41-55. ISSN 2289-8204

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Official URL: https://dx.doi.org/10.11113/umran2017.4n1.80

Abstract

The issue of muslims inheritence has been discussing since in recent years. This is due to the increased value of the estate, particularly involving muslims property unclaimed and completed by the beneficiary. Mafqud case is one of the causes of the deceased estate that could not be completed. In this context, the meaning of Mafqud is beneficiary who lost his life in which the status cannot be determined. This is not to be taken lightly as it can cause other problems such as Munasakhat (death plated). This article will discuss the theory and calculations of Taqdir and al-Jam’u, which are combined the calculation if beneficiary still alive and the calculation if beneficiary is dead. On the basis of this calculation, the least part of beneficiaries obtained between two destinies will be determined to solve the problem of distribution of the estate. The authors also discuss the application of the theory of al-Taqdir in some circumstances Mafqud case in detail. The data obtained in order to produce this article is from a literature review of previous studies and the view of Islamic jurisprudence. Therefore the authors suggested that the theory of al-Taqdīr should be used for the settlement of Muslim inheritance in Mafqud cases.

Item Type:Article
Uncontrolled Keywords:Islamic inheritance law, Mafqud, the theory of al-Taqdir
Subjects:B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
Divisions:Islamic Civilisation
ID Code:80403
Deposited By: Fazli Masari
Deposited On:10 May 2019 15:18
Last Modified:10 May 2019 15:18

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