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  • Essay / Issues and Challenges of Islamic Heritage - 2005

    PROBLEMS AND CHALLENGES OF ISLAMIC HERITAGEINTRODUCTIONIslamic heritage is one of the most important things in Islamic law. In legal terminology, this means that the inheritance must be divided between the assets of the deceased and his successors. Inheritance is also discussed prominently in the Quran and is often referred to as "mirath". All Muslims are expected to follow and implement the rules of Islamic heritage. As we know, Islamic heritage was predetermined by Allah in a wise and progressive manner to enable its equality with the legal system and human nature, which may make it difficult to change from their normal practice. Furthermore, the system of inheritance had been continued in zaman jahiliyyah on the basis of kinship and hijrah, but the system of inheritance had been replaced by testamentary distribution (wasiyyah) to parents and relatives on the basis of verse 180 of surah al-baqarah. Eventually, in the final phase, the whole system was abolished and then replaced by the current Islamic inheritance law. These laws are also derived from Allah based on the mawarith verses which are verses 11, 12 and 176 of surah an-nisa'. Allah swt has determined that the decisions and method of distribution of inheritance to all beneficiaries must simply be fair at all levels and do not want any conflict or contradiction between the beneficiaries. In the verse al mawarith, Allah had explained in detail the beneficiaries and shares in the sense of inheritance. While Islamic inheritance law defines the responsibilities that must be fulfilled by beneficiaries before they can be distributed through faraid distribution, there are many trends today that unclaimed inheritance has been successful. It becomes a serious thing and gets worse from time to time. So there are many problems... middle of paper ... it has become difficult to claim ownership. The Malaysian legal system operates under two court systems: a civil court and an Islamic court and adopts a dual court system. The civil courts were established under the Malaysian Constitution and control a larger part of the constitution, so all Malaysians are subject to this jurisdiction. Instead, Islamic courts were established by states and this court only applies Islamic law to Muslims. The Federal Constitution cannot be used to determine the power of the Sharia court to pass judgment. However, there is no provision in state law to address a number of cases in which sharia courts cannot function properly, such as cases involving non-Muslims. For this reason, the client has to process his inheritance cases in the civil court and the sharia court, which will cost time and money..