Al-Wisayyah in The Islamic Estate Planning: The Malaysian Perspective

Abstract

The considerable increase in the amount of unclaimed inheritance or the value of the deceased's frozen assets over time is a contentious topic among the Muslim community of Malaysia, and it must be emphasised. It is likely that the impression and misunderstanding of the Muslim community regarding the planning, management, and administration of the deceased's property, particularly regarding the appointment of property administrators through the Islamic concept of al-wiṣāyah, has contributed to the neglect of this topic. This study therefore, aimed at analysing the practice of al-wiṣāyah in Malaysia and the impediments in implementing it as an alternative to Muslim estate planning. Adopting the qualitative approach of document review, systematic collection, documentation, analysis and interpretation, and organization of primary and secondary data was conducted. The data was then subjected to content analysis in organizing and eliciting meaning from the data collected and to draw realistic conclusions from it. It is hoped that this study is able to shed light on the concept of al-wiṣāyah in Malaysia, subsequently providing a clear insight and the extent to which its application in Malaysia conforms to the al-maqāṣid al-syar 'iyyah for the good of Muslims. This study also presents recommendations to the Muslim community pertaining the importance of al-wiṣāyah in the present day, where Islamic law is beginning to experience an era of codification that, to some extent, will cause difficulties in the management and administration of the deceased's property.