The Distribution of Faraid in Wilayah Persekutuan: Its Procedure and Practice

Abstract

This research is to find out the true position about faraid distribution according to the procedure, which is practised in Federal Territories especially in the Syariah Court, Land and Mineral Department, Amanah Raya Berhad and the other agencies. Faraid is a law system that states the distribution procedures to inheritance of Muslims who have already passed away. It also determines the heirs who have the right to accept inheritance according to Syara'. The purpose of determining this inheritance is for the properties, which are left behind and it can be divided in justice to heirs who have the right and qualification to accept it. The heritage concept should also be looked in a large context. It consists the policy and procedure about the heirs and distribution, methods to get the property, kinds and administration of property, birth, death, and family arrangement. There are various bodies and agencies that are involved in this distribution whether directly or indirectly. This body or agency has the responsibility to practise the distribution of the inheritance based on hukum (law), which is determined by Islam. Besides that, the procedure determined by the body and agency, which has the responsibility to ensure that the practice of distribution become easy and efficient. That means the right procedure will settle the distribution of property easily and swiftly.