[ms] The Mechanism of Application for Takharuj in Distribution of Small Heirloom Estate in Kuala Terengganu

Abstract

ABSTRACT

Contentious issues among the beneficiaries in resolving the division of inheritance is often made headlines. Obliged
to accept the resolution of faraid without understanding and tolerance among heirs to cause the cases of inheritance
being difficult to be resolved. No wonder more than RM42 billion of valuation of Malay propertyship not be claimed.
All of these problems would not exist if the Muslim community in Malaysia especially heirs are aware of Islamic law
of inheritance holistically encompasses the takhāruj. Takhāruj mean withdrawing from receiving the inheritance,
whether in part or in total by giving its share to the other heirs either by consideration or without consideration. This
concept is allowed in Islam, provided all beneficiaries involved agree and consent. Takhāruj actually give space to the
heirs divide the property in the best way. Takhāruj is part of law of faraid itself because any rejection and withdrawal
made by beneficiaries within the limits of right and rate prescribed by law. The objective of this study is to identify
the views of Muslim scholars regarding the concept of takhāruj. Next, to review the application of takharuj in the
cases of small heirloom estate in Kuala Terengganu. And then, to identify methods of solution applied as to takhāruj
in Kuala Terengganu either in accordance with the concept of Islam or not.