Averting posthumous conflicts over inheritance: Takharuj negotiation
The principles of Islamic law of inheritance are more comprehensively explained in the primary source of the Islamic legislation than any other jurisprudential issues. The detailed explanation of the distribution to the surviving heirs prevents any probable conflict after the demise of the testat...
| Main Authors: | , , , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia
2017
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/57545/ http://irep.iium.edu.my/57545/ http://irep.iium.edu.my/57545/1/57545.pdf |
| Summary: | The principles of Islamic law of inheritance are more comprehensively explained in the
primary source of the Islamic legislation than any other jurisprudential issues. The detailed
explanation of the distribution to the surviving heirs prevents any probable conflict after
the demise of the testator. However, the conflict sometimes arises not from the prescribed
methods of distribution but from the estate, especially when it involves immovable
properties. To avoid this conflict, Muslim scholars have provided a very comprehensive
solution through the concept of Takharuj negotiation. This paper, therefore, seeks to
explain the legal formwork for negotiation through Takharuj from the classical books of
Islamic Law and Jurisprudence. The paper extensively discusses the legality of Takharuj
and the processes of negotiation with typical examples of distribution of bequeath under
the Islamic law of inheritance. The research adopts qualitative doctrinal approach by
revisiting classical books. The paper finds that any posthumous conflicts can be avoided
through takharuj negotiation. |
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