INHERITANCE MANAGEMENT BY BAITULMAL IN MALAYSIA: ROLE AND CHALLENGES

Abstract

In Malaysia, division of inheritance is based on the Shafie madhhab (school of law), whereby when there is a surplus of inheritance after distribution to rightful heirs or when there are no rightful heirs, the residual inheritance is surrendered to the Baitulmal. However, there are challenges which need to be dealt with by Baitulmal in order that the inheritance may be utilised for the well-being of the whole society. Hence, the objective of this article is to highlight the basic conceptual framework and role of Baitulmal in addition to identifying the challenges in management of inheritance vested in Baitulmal. This qualitative research applies a content analysis design, and results are elaborated and presented descriptively. Research results find that there are differences between Baitulmals role during the golden age of Islam and its unique practice in Malaysia. Besides that, there are challenges identified in management of inheritance by Baitulmal which need to be overcome and harmonised in order to preserve the maslahah (public interest) and public welfare of the entire Muslim society in Malaysia.