Hibah as Alternative to Resolve Inheritance Issue among New Muslim Converts (Muallaf) in Malaysia: An Analysis

نویسندگان

چکیده

In Malaysia, Muslim converts (Muallaf) face certain difficulties including restrictions in inheritance. this regard, Islam provides that the property of Muslims shall be inherited by heirs only. other words, general principle non-Muslim have no right inheritance to belonging Muslims. By taking into consideration status and rights family members Muallaf hibah is categorized as an alternative method distribution, addition wasiat methods. recent years, there has been increasing interest studying promoting (inter vivos gift) one alternatives distributing someone’s wealth, This paper applies a doctrinal legal research methodology where data collection involves primary secondary sources which include Al-Quran, hadith, journal articles, constitution, statutes case law. study seeks identify extent resolve issue among provide some recommendations proposing law enacted resolving Malaysia. To date, none authors studied detail drafting for concerning country. discovers specific on could clarify its position application Malaysia it can further used conflict affecting heirs, especially non-Muslim, Muallaf. Furthermore, may also benefit various agencies such religious departments, Shariah Court relevant preserve regard their issues.

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ژورنال

عنوان ژورنال: Islamiyat

سال: 2022

ISSN: ['0126-5636', '2600-8556']

DOI: https://doi.org/10.17576/islamiyyat-2022-4401-7