Fara'id in the Pahang State of Malaysia: Theory and practice

This present study concerns fara'id and its application in Pahang State, Malaysia, from the theoretical and practical aspect. Fara'id is the law concerning intestate inheritance and is the subjects of the most detailed legal provision revealed in the Quran. Because of its importance the Prophet urged his companions to acquire this particular knowledge and warn them that `ilm al-Farä'id or the science of estate distribution is the first knowledge that will be taken away from his ummah or society. Since fara'id literally means obligations, many have assumed that it is an obligatory law, which Muslims have no choice but to obey. The study, however, concludes that it is not an obligation for Muslims to dispose of their inheritance in accordance with the fixed fractional shares prescribed in the Quran, as the rules of fara'id also acknowledge a form of distribution or settlement based on the concept of mutual agreement, as can be seen in the principle of al-Takharuj. Practically, the study found that there are two settlement methods applicable in the State of Pahang: fara id and mutual agreement. Nevertheless, the study revealed that the percentage of Muslim cases settled by fara id is much lower than that of those settled by mutual agreement, the main reason for this being that settlement by mutual agreement is much faster than settlement by farä id It was also found that the advice given by the officer in charge also played an important part in influencing the claimants' decision to settle their case by mutual agreement. An examination of the Muslim cases settled by the authoritative agencies revealed that there are settlements, which are not in accordance with the principles of Islamic law and fara id in particular. This was due to three factors. Firstly, the acts themselves; secondly, the decisions of the High Court; and thirdly, the mistakes made out of ignorance by the officer in charge. A study of the cases of Muslim inheritance also revealed that farä'id as applied in the State of Pahang continues to be based on the traditional law of the Shäf ii school and up to the present day no attempt been made in Malaysia to follow the example of other Muslim countries such as Egypt, Syria, Sudan, Tunisia and Pakistan in reforming the law.