Delay in Islamic Inheritance Claim – An Ignorance Issue

Abstract

Claiming rights to Islamic inheritance persists to be a problem to Muslims even after the Federation of Malaya has obtained its independence from the British. The legal system has been regarded as the venue most likely to produce solutions to the time and cost issues in the claims processes. Although Faraid certificates are produced faster now, only minimal improvements to the problem can be attributed to the amendments made to the Small Estates Distribution Act 1955. Syariah laws on inheritance are exposed to only a small segment of students at High School Certificate or Pre-University level; this may explain why clients often display high degree of ignorance of procedures to claim inheritance. To improve law awareness among Malaysians, the government is urged to review the current educational policies on Islamic studies and broaden the target group to include high school and university students. This paper wishes to emphasize the ability of the NFP model to describe accurately the flow of processes in the administration and distribution Islamic inheritance and find the shortest route through the network. It can clearly represent stages and processes, indicate correct order of activities and show duration of activities in the administration and distribution of Islamic inheritance. Most importantly, it has been designed to be Syariah-compliant. Therefore, the model can help clients to minimize time and money spent on claim processes and serve as an aid to teaching and learning on the management and distribution of Islamic inheritance at higher institutions of learning.

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