Delay in Islamic Inheritance Claim – An Ignorance Issue

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Available online at www.sciencedirect.com

ScienceDirect Procedia - Social and Behavioral Sciences 90 (2013) 504 – 512

6thInternational Conference on University Learning and Teaching (InCULT 2012)

Delay in Islamic Inheritance Claim – An Ignorance Issue Noraini Noordina, Adibah Shuibb, Mohammad Said Zainolc, Mohamed Azam Mohamed Adild* abcc

Faculty of Computer and Mathematical Sciences, Universiti Teknologi MARA, 40450 Shah Alam, Malaysia Center of Islamic Thoughts and Understanding, Universiti Teknologi MARA, 40450 Shah Alam, Malaysia

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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. ©2012 TheAuthors. Authors.Published Published by Elsevier © 2013 The by Elsevier Ltd. Ltd. Selectionand/or and/or peer-review under responsibility the Faculty of Education, University Technology MARA, Malaysia. Selection peer-review under responsibility of the of Faculty of Education, University Technology MARA, Malaysia. Keywords: Faraid; ignorance; Syariah laws; network; shortest route

1. Introduction When a problem has been in existence for such a long time and no practical solution has been found, one needs to step back and analyze the problem from a different perspective. The solution is there somewhere; one just needs to look closer to find it. As suggested by George Polya, there are four steps to solving a problem: * Noraini Noordin. Tel.: +006-05-791-7475; fax: +006-05-791-0271. E-mail address: [email protected]

1877-0428 © 2013 The Authors. Published by Elsevier Ltd. Selection and/or peer-review under responsibility of the Faculty of Education, University Technology MARA, Malaysia. doi:10.1016/j.sbspro.2013.07.120

Noraini Noordin et al. / Procedia - Social and Behavioral Sciences 90 (2013) 504 – 512

i) understanding the problem, ii) devising a plan, iii) carrying out the plan, and iv) checking (Mathematics Year 6, 2006). In order to find a practical solution to the problems in the administration and distribution of Islamic inheritance, the paper will begin by highlighting the time, money and constitutional issues that persist to exist in the system even after the Federation of Malaya has gained its independence from the British(Ibrahim, 2000; Nasohah, 2004). Gaining independence in 1957 did not liberate the government from the clutches of the British. The existing legal system testifies that the government inherited constitutional as well as administrative practices from the British (Buang, 2006; Shuaib, 2003). To rid the legal system of many conflicting and inter-twining laws will take a long time, thus there is at present no fluency in the flow processes of Islamic inheritance for Muslims. It has been assumed that Faraid Laws can only be practiced in harmony if extensive changes are made to the legal system. Naturally, majority of the previous solutions to minimize time and cost in the administration and distribution of Islamic inheritance are found within the legal system. Unfortunately, these solutions did not have much impact on decreasing the number of unclaimed inheritance(Ahmad & Laluddin, 2010). Hence, practical solutions to these problems have to be found elsewhere than the legal system. This paper wishes to express concern over the government’s effort to educate Malaysians with respect to knowledge on management and distribution of Islamic inheritance in the school curriculum. In particular, Syariah laws on inheritance are exposed to only a segment of students at Higher School Certificate or PreUniversity level education (Majlis Peperiksaan Malaysia, 2000, 2012; Noordin Ayus et al., 2010). It comes as no surprise then that studies indicate prevalent low Faraid awareness among Malaysian Muslims (Abd Majid & Mt Piah, 2005; Abdul Rahman, 2008; Ahmad & Laluddin, 2010; Safar & Othman, 2010). The government is urged to review the current educational policies on Islamic studies and widen the scope of law awareness program to all Malaysian students attending secondary schools and universities in Malaysia in order to increase public knowledge on how to administer and distribute Islamic inheritance. Literature reviews conclude that patterns in client behavioursduring claim processes may suggest a more practical solution to the problem. In particular, analysis of client behavior among Malaysian Muslims found high degree of ignorance of procedures to claim inheritance(Abdul Rahman, 2008; Mahamood, 2006). The findings indicate that time and money is wasted when Muslims do not know the procedures to claim inheritance. Knowing the procedures involved in managing and distributing Islamic inheritance will prevent them from underestimating the costs involved in the processes. In particular, this paper will share the findings from the current study on the use of network flow programming (NFP) model to describe with precision the claim processes and to help them find the shortest route through the network that will minimize time and money spent on these processes. With these abilities, the NFP model can serve as an aid in teaching and learning of the management and distribution of Islamic inheritance at higher institutions of learning. 2. Methodology The number of unclaimed inheritance has been on the rise since 2005 (Ahmad & Laluddin, 2010). Studies indicate that normal process time for claims is between three to ten years, but unusual cases may prolong to more than twenty years (Yaacob, 2006). The discussion in this section will be divided into two parts: i) the need to find a more practical solution to the problems in the administration and distribution of the Islamic inheritance and ii) the ability of the NFP model to aid in teaching and learning of the management and distribution of Islamic inheritance at higher institutions of learning. 2.1. The need to find a more practical solution to the problems in the administration and distribution of the Islamic inheritance To describe the need to find a more practical solution from other areas than the legal system, the discussions in this section are divided into three parts, i) No practical solutions from the legal system, ii) Client behaviour

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Noraini Noordin et al. / Procedia - Social and Behavioral Sciences 90 (2013) 504 – 512

among Muslims who petition claims to inheritance, and iii) NFP model a viable solution to the problems in the administration and distribution of Islamic inheritance. 2.1.1. No practical solutions from the legal system Independence from the British rule did not assure fluency in the flow processes of Islamic inheritance for Muslims in the Federation of Malaya. Inherited constitutional and administrative practices from the British continued to cause serious time, money and constitutional issues in the administration and distribution of Islamic inheritance until today(Disa, 2009; Mahamood, 2006). Firstly, history has recorded that the British failed to annihilate Faraid Laws during the colonization era (Nasohah, 2004; Noordin, Shuib, Zainol, & Mohamed Adil, 2012). The British were shrewd and did not let down in their efforts to make it difficult for the Muslims to practice Faraid laws in harmony. Therefore, conflicting and inter-twining constitutional issues in the current legal system has made it impossible to set up a unique Syariah-compliant system that can enable Faraid laws to be practiced in harmony. There exist many conflicting and inter-twining laws in the legal system. Examples include List 1(4)(e), 9th Schedule, Federal Constitution, Section 50 of the Administration of Islamic Law (Federal Territories) Act, 1993 and the Probate and Administration Act, 1959, List II - State List (Article 95B (1) (a), Article 74(2) and many more (Noordin et al., 2012). Secondly, inclusion of Article 121 (1A) into the constitution does not assure that the dual system of courts in Malaysia will never be in conflict with each other. In particular, Syariah courts have limited functionality with regards to the management of Islamic inheritance, thus the civil procedures have to be taken up by the civil courts. Hence, efficient flow for claims cannot be assured(Marican, 2008; Mohamad, 2008). Thirdly, the last amendment to the Small Estates Distribution Act 1955 defines a “Small Estate” as “an estate of a deceased person consisting wholly or partly of immovable property situated in any State and not exceeding two million ringgit in total value, and its’ value will be determined according to the earliest submiss...

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