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Essay about Issues and Challenges in Islamic Inheritance

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ISSUES AND CHALLENGES IN ISLAMIC INHERITANCE

INTRODUCTION

Islamic inheritance is one of the most important thing in islamic law. In legal terminology, it means inheritance must be divided from the property of the deceased among his successors. Inheritance also prominently dealt with in the quran and its often called ‘mirath’. All muslims are expected to follow and implement the rules of islamic inheritance. As we know islamic inheritance has been pre-ordained by Allah s.w.t in a wise and gradual manner in order to allow for its evenness with the judiciary and human nature which it can make difficult to change their normal practice.
In addition, the system of inheritance had been continued in zaman jahiliyyah based on kinship and hijrah …show more content…

As we know, before the estate of deceased distributed by faraid apportion, there are some right and obligations that must be fulfilled by relatives of dead muslim. First, right that the relatives must fulfilled is funeral expenses. Funeral in islam means that, called jenazah in arabic is quite certain ceremonies, although they are subject to regional interpretation and variation in custom. While funeral expenses, means that all expenses that used to manage the deceased funeral such as, bathing, shrouding the corpse, bringing it to cemetery, digging the grave and burying it. This expenses must using the deceased’s money before distribute. But, if the deceased do not have money the relatives had to pay it, while money from the baitulmal can be used if it is found that the dead do not have the money and the beneficiary.
Second responsibility that relatives must fulfilled is payment of debt that owed by deceased. The debts can be whether debt with allah or debt with human being. Debt with allah means that like alms(zakat), atonement(kaffarah), vows(nazar) and also obligatory hajj and debt with human being like debt in money and other things. As we know debt with human being, the debt can be paid by using deceased money or if the deceased do not have money, the debt can be settled by relatives or baitulmal. But when the debt comes related to allah, there are different view of

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