Authors : Md. Yazid Ahmad, Mohd Nasran Mohamad, Mohd Zamro Muda, Amir Husin Mohd Nor, Noor Lizza Mohamed Said, Ezad Azraai Jamsari and Badlihisham Mohd Nasir
Abstract: This study discusses takharuj in the Islamic inheritance law in Malaysia. The lack of awareness and comprehensive understanding of the said law could open the door to more serious problems concerning inheritance distribution in the event of a death. The law must also be wisely and pragmatically implemented, so that, the spirit behind its canonisation can be attained. Hence, this study was carried out with the objective of analysing the concept of takharuj and its justification as one of the effective solution mechanisms concerning the problems of Islamic inheritance distribution cases among Muslims in Malaysia. This qualitative study is based on primary and secondary sources, employing the methods of document analysis and interviews. This study found that takharuj is made permissible by the Shari’ah and found to be an effective mechanism in solving problematic inheritance cases. Takharuj is capable of handling legal constraints which forbid certain parties from getting their share of inheritance and restrict uneconomical estate distribution via. Fara’id and thus takharuj can avoid delay in matters of prolonged inheritance distribution due to heir’s attitude. Therefore, takharuj in fact provides a relief to the heirs to distribute the inheritance in the best manner in accordance with the Shari’ah and the law.
Md. Yazid Ahmad, Mohd Nasran Mohamad, Mohd Zamro Muda, Amir Husin Mohd Nor, Noor Lizza Mohamed Said, Ezad Azraai Jamsari and Badlihisham Mohd Nasir, 2018. Takharuj as an Effective Solution to the Inheritance Problems of Muslims. The Social Sciences, 13: 1094-1100.