Determining the gender of the heirs is important in the ruling of Islamic inheritance. Hence, Muslim jurists made efforts in determining the gender of hermaphrodites. Taking the safer position, the common practice is for the inheritance to be divided into two: the greater part of the share is withheld and the lesser portion is given out to the hermaphroditic inheritors along with their heirs until their gender is certified. This typically leads to disagreements among the jurists, hence, subsequently leading to a tedious process of certification. This protracted disagreement combined with a much prolonged certification process may harm the inheritors’ right due to the delay in judgement. This research aims to define the biological identity of a hermaphrodite and determine his sex according to the medical concept, as well as integrating the methods adopted by Muslim scholars to solve the issue of hermaphrodite inheritance. Both descriptive and analytical approaches are used in ensuring accurate knowledge transfer and trust in attribution. This research has found that the medical definition of a hermaphrodite is the most accurate and the most correct to end the dispute when dividing inheritance. Hence, this opens a wider area for further research that relies on medical information as evidence to be taken when studying Islamic legal rulings in ensuring the cohesion of society by preserving the rights of its members and maintaining their material and moral properties.

Islamic law granted the biological father the right to recognize his illegitimate child, who was not born within marriage, and he has the right to include him in his lineage and inheritance. However, Malaysian Family Law prohibits the illegitimate child from being attached to his biological father, even if he acknowledged him. Here lies the problem of the research, as this prohibition resulted in the lack of recognition of their lineage and the forfeiture of their right to inherit from his father and his family as well. Aims and Objectives: This study aimed to define the illegitimate child of adultery from the Sharia and law. This demonstrates the practice of Maqasid Shari’a in preserving the progeny and the benefit of Sharia by incorporating this category of society. Consequently, reducing the spread of adultery, by prosecuting the perpetrators through genetic fingerprint analysis. Methodology: This study has taken the inductive approach by following the opinions and evidence of the jurists regarding the inheritance and lineage of the illegitimate child, and the cause of the dispute between them It also relied on the analytical approach by discussing the opinions and evidence of jurists and analyzing these rulings from the legal and Malaysian family law perspectives. Results and Findings: The important results of this study concluded that the biological father has the right to inherit his illegitimate son in his lineage according to the conditions set by Islamic law, and he inherits from him and his father's family as well. The society general interest requires us to compel the biological father to recognize his son if the mother testifies to the paternity of her son from him and the genetic fingerprint confirmed her claim. Thus, preserving his full right to lineage, alimony, and inheritance, and integrating as a legitimate child into the society.

The verses of inheritance are texts that hardly have a parallel in the provisions of Sharia in terms of clarity and decisiveness in determining the share for each inheritor. Disputes arise over the understanding of these texts where some of the companions’ jurists went on to activate the mechanism of ijtihad even though the text is clear. Their jurisprudence gave us new rulings that are not mentioned either in the Qurʾān or in the Sunnah. Meanwhile, other jurists adhered to the apparent meaning of the texts. This study aims to reveal the reasons for establishing ijtihad, although there exist definitive texts on the provisions of inheritance, and to explain the path that each companion took in weighting their doctrine. To achieve these goals, this study relied on descriptive and analytical approaches. This study found that adherence to the apparent meaning of the texts in the rulings of inheritance is a principle that must be adhered to. Aside from that, using ijtihad in the provisions of inheritance with the presence of peremptory text is possible. It is activated according to the methodology that gives the Islamic ruling new dimensions upon its implementation and does not include either cancellation or change.

The Islamic law of inheritance for an unborn child is an important matter in Syariah because this subject can affect the inheritance of other heirs. The presence of the fetus can either affect the total amount of inheritance or reduce the amount of inheritance of the heirs depending on the reasons and conditions. Therefore, to assist the division of the inheritance; hypotheses are made on the gender and number of fetus as to allow the inheritors to have the inheritance by the least possibility or amount and the rest of the inheritance is frozen until the child is born which may extend to years. This is what resulted in disagreement among the jurists regarding the duration of this waiting period as it varies from two to four years, which is not a short period. When the inheritance is material, it is often difficult for the souls to wait. Therefore, this study intends to examine the inheritance of an unborn child according to medical evidence. This will lift the ongoing dispute between the jurists about the period of the least pregnancy and the duration of the longest pregnancy. In conclusion, we relied on the evidence of the medical sciences as a factor to take when defining everything on pregnancy and issues surrounding it to assist in Islamic law of inheritance.