Publication: الفتاوى في أسباب استحقاق الميراث: دراسة تحليلية لميراث من لا وارث له من المسلمين الجدد
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Date
2022-01
Journal Title
Journal ISSN
Volume Title
Publisher
USIM Press
Abstract
Islam has approved the system of inheritance based on accepted scholars justification. In kinship, this legislation has strengthened the bonds between the heir and the bequeathed. Likewise, the inheritance between spouses as long as the marriage exists between them. And he gave the freedman the right to inherit from his slave who had freed him. This study aimed to clarify and analyze the entitlement to inheritance in Muslim new. The problem of the research lies in the one who has the priority of the inheritance in new Muslims, if there are no other justifications for inheritance. This study relied on the inductive approach, by following the opinions of the jurists and their evidence regarding the conditions for inheritance entitlement in Islam currently; and examining the entitlement of Bayt Al-Mal as the beneficiary of the new Muslims who have no heirs. It also relied on the comparative analytical method in discussing and analyzing the opinions and evidence of jurists; comparing these provisions with what is being done in the fatwa departments today. This study concluded important results, including: The Bayt Al-Mal is a custodian of Muslims' money from loss, and not an inheritor. If the owner of this money is known, it will be returned to him, and if the owner of the money is not known, it will be distributed in the interests of the Muslims. The person who guides the new Muslim should be given precedence of inheritance in the Syariah. While, a new Muslim who does not have a legal inheritance has the right to bequeath all his money to whoever was a reason for his conversion to Islam, whether he was a person or an institution.
Description
Vol. 27 No. 1 (2022): January Issue
Keywords
inheritance, Grounds for Inheritance, Bayt Al-Mal, the new Muslim, those whose hearts are reconciled, the fatwa
Citation
Raouane, A., Ruhi Fadzlyana Jailani, & Mualimin Mochammad Sahid. (2022). الفتاوى في أسباب استحقاق الميراث: دراسة تحليلية لميراث من لا وارث له من المسلمين الجدد : The Fatwas and Reasons for Entitlement to Inheritance: An Analytical Study of New Muslim’s Without Heirs. Journal of Fatwa Management and Research, 27(1), 65-80. https://doi.org/10.33102/jfatwa.vol27no1.427