أحوال المناسخات من خلال أحكام الفرائض في الفقه الإسلامي: دراسة تطبيقية في محاكم شرعية بماليزيا

Abstract

Abstract:

This research aims to study the Circumstances of cases with more than one deceased (al-Munāsakhāt) and apply them to some of the disputed issues in Islamic inheritance law, then choose the preponderant opinion on the issues, mention the chosen opinion in the Sharia courts in Malaysia, and clarify the authority of the Sharia courts and their procedures in managing the Islamic inheritance issue in general and layered death of heirs in particular. The researcher relied on the descriptive-analytical approach to explain the methods of solving the layered death issue, and to analyze the sayings of scholars on the selected inheritance issues and to know the preponderant opinion of them. The inductive approach was also used to collect the required information from various sources, as well as the field study, by conducting interviews with some officers in the field of study. Then, the research concluded with a set of results, the most important of which are that the different conditions of the layered death are according to the difference of the heirs of the deceased and their share of the inheritance, and then the method of arithmetic work for them varies. Also, the authority of the Sharia court in Malaysia to administer the Islamic inheritance issue is limited to proving the share of the heirs by issuing the faraid certificate and as a reference when disputes related to the Islamic inheritance law occur. As for the disputed rulings in Islamic inheritance law among the scholars, the views differed between the researcher and what the Sharia courts in Malaysia chose in weighting (tarjīh) this issue. The study recommends the need for institutions related to inheritance affairs to spread awareness among the community about issues related to inheritance, and to improve the administrative efficiency to facilitate the procedures for dividing the inheritance, and also for the fatwa and judiciary council in Malaysia to ensure that the law, or the applicable and prevailing ruling, is consistent with the most appropriate jurisprudential opinions, and that it achieves the interests of Muslims and takes into account their circumstances.