KAEDAH MUAFAKAT DALAM PEMBAHAGIAN HARTA PUSAKA ORANG ISLAM: KAJIAN DI MAHKAMAH TINGGI SYARIAH NEGARA BRUNEI DARUSSALAM

Consensual Agreement Method in Muslim Estate Distribution: A Study in the Shariah High Court Brunei Darussalam

Abstract

The mentality of accepting fara’id mandatorily, followed by the shallow knowledge of Islamic inheritance law, plus intolerance of fellow heirs in solving the problem of inherited wealth are often being the major factors of some inheritance cases be difficult and delayed to be solved. This issue actually can be solved if Muslims, particularly the heirs involved understand the concept of inheritance law including the concensus method, known as “takharuj” which means withdrawing to accept the inheritance wealth either a part of it or all by giving it to other heirs either by compensation or without compensation. This concept does not violate the legal provision as advocated by Islamic law of inheritance as long as it is achieved through consent without any coercion or undue influence. In fact, this concept provides the very ideal and the best way to the heirs in solving the problem of distribution of inheritance in a amicable way. The objective of this research is to examine the administrative procedures among Muslim estate distribution in Brunei Darussalam. Next, to review the mechanisms applied in the concept of consensus of heirloom estate. It also aims to identify methods of solution applied as to consensual agreement method either in line and accordance with the concept of Islam or vice versa.