[ms] Practice of Muafakat and Application of Takharuj in Inheritance Distribution according to Muslim Inheritance Law Perspective

Abstract

A comprehensive method of inheritance distribution is provided by Islam through faraid. However, there is another method, besides faraid, and within Muslim inheritance law, known as takharuj (relinquishing share of inheritance) which acts as supporting mechanism or option in order to achieve justice in inheritance distribution to heirs. In Malaysia, the practice of ‘muafakat’ (consensus) is said to be almost similar to takharuj and is also accepted besides distribution by faraid which plays the main role in inheritance distribution. Thus, the purpose of this article is to examine the practice of muafakat, a legacy from previous generations in the Malay society as practised by the Inheritance Distribution Section, Department of Director-General of Land and Minerals, in comparison to the application of takharuj in Muslim inheritance law applied during the process of settlement in inheritance distribution. A qualitative study is used employing the approach of content analysis and survey review. After detailed study, discussion of results finds that there are indeed subtle differences between the two concepts in terms of comments on the definition of terms, primary sources, basic framework of application and practice of notifying heirs regarding information on their inheritance shares before implementing muafakat and takharuj