Authors : Wan Kamal Mujani, Wan Mohd Hirwani Wan Hussain, Noor Inayah Yaakub and Rusnadewi Abdul Rashid
Abstract: Delay and failure to complete applications for the distribution of inheritance estate is not an isolated phenomenon in the society. Factors contributing to this problem are due to the attitude of legal heirs and the weaknesses of the estate administration process in the country. The risk of failure of settlement of the estate may invite a variety of negative implications from the legal, economics, religious and social aspects. This study examines some of the negative consequences resulting from the failure and delay in distribution of inheritance estate and suggests that it is necessary to organize the community to plan ahead in property management. However, the findings show that people in this country lack the inclination to plan carefully the distribution of wealth, especially in planning ahead. As a result, they become fully dependent on the Inheritance System of division of property after death that is Faraid. Thus, the public perception that the property can be distributed through the Faraid System must be promptly corrected. Instead, planning the distribution of property during one’s lifetime such as through gift inter vivos or gift mortis causa must be enhanced in order to avoid this problem because it is clearly detrimental to the Muslim community.
Wan Kamal Mujani, Wan Mohd Hirwani Wan Hussain, Noor Inayah Yaakub and Rusnadewi Abdul Rashid, 2011. Constructions of Failure Ad Delay under Islamic Estate Management. International Business Management, 5: 326-330.