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THE ISLAMIC INHERITANCE LAW (FARAID) THE MANIFESTATION OF…:伊斯兰继承法(害怕)的表现….pdf
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1 THE ISLAMIC INHERITANCE LAW (FARAID): THE MANIFESTATION PREHENSIVE INHERITANCE MANAGEMENT IN ISLAM* By Associate ProfessorMohd Ridzuan Awang Islamic Law (Syariah)Department Universiti Kebangsaan Malaysia PREFACE The Islamic Inheritance Law (faraid) has been pre-ordained by Allahs.w.t.in a wise and gradual mannerin order to allow for patibility with the judiciary and human nature which might find it difficult to change their normal practices. At the early stage, Islam perpetuated the inheritance laws of the Jahiliyah, a temporary system based on kinship and Hijrah. Thesystem was then overruled and replaced bythe inheritance distributionby will system (wasiat) to parents and kinsfolk based on verse 180 from Surah al-Baqarah.Atthe finalstage, all previous systems were abolishedand replaced with the current Islamic Inheritance Law. The lawwas mandmentsof Allah s.w.t. based on the Mawarithverses which are verses 11, 12 and 176 of Surah al-Nisa. The Islamic Inheritance Law today is a complete prehensive system forthe rightful beneficiaries, the portions for each beneficiaryand all non-rightful beneficiaries to the inheritance using al-Hajb doctrine or method. Allah s.w.t. has determined the rulingsand methodsto distributeinheritance among all beneficiarieswith the purpose to act fairly to all levels of beneficiariesand to avoid discrepancies among them. _______________ *This working paper was presented atthe National Convention of Faraidand Hibah2008, organised by the Islamic Development Malaysia Department (JAKIM) at the Multipurpose Hall of the Federal Territory Mosque, Kuala Lumpur on 7 August 2008. At the end of the verses 11, 12 and 176, surah al-Nisa, Allah s.w.t. commanded meaning: “Indeed, Allah is ever Knowing and Wise”, “[This is] an ordinance from Allah, and Allah is Knowing and Forbearing” and “Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things”. 2 SOURCES OF ISLAMIC INHERITANCE LAW AND THE VERDICT TO LEARN IT Faraidisbased on the al-Quran, al-Sunnah, the consensus of the Prophet?s (peace and blessings be upon him) companions and their ijtihad (the process of making a legal decision by independent interpretation of the legal sources, the al- Quran and the Sunnah). In the al-Quran, therearetwo verses related to inheritance which are the mujmal verse and the mufassal verse. The verses in the first category explain the beneficiaries?rights in general without discussing their portions in detail. While the verses in the second category,which istheal-mawarithverse, Allahs.w.t. explained in detailregarding the beneficiariesand the portions or shares for each of the beneficiary. Among the verses that are mujmalin nature, Allahs.w.tcommanded meaning: “For men is a share of what the parents and close r 内容来自淘豆网www.taodocs.com转载请标明出处.
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