Title:
ISLAMIC LAW OF INHERITANCE (FARA'ID): THE BEST WAY OF ESTATE PLANNING

Authors:
Yusuf Sani Abubakar, Ahamad Faosiy Ogunbado and Mpawenimana Abdallah Saidi

Abstract:
This is a doctrinal research which aims to look into Islamic estate planning, i.e. the paper utilizes descriptive approach of qualitative research methodology which relies on secondary data inform of text books, journals, newspapers, related websites etc. In Malaysia, there is an issue of accumulation of unclaimed property after deceased's death which made many writers to call for a better way of handling this issue. In following the path of these writers, the researchers discussed some ways of Islamic real estate planning and provided suggestions on how to solve the issue of accumulation of unclaimed assets particularly in Malaysia. Thus, it is suggested that in order to solve the issue of accumulation of unclaimed property particularly in Malaysia, wasiyyah (bequest) may be used for real estate planning if the conditions are fulfilled. Moreover, it is suggested that hibahmay be used in estate planning only in situations where division based on fara'id after the owner’s death is cumbersome e.g. complexity of law, long process etc. in order to avoid accumulation of unclaimed assets. However, if the gift (hibah) is made in favour of the donor's children, there shall be no discrimination between them as the Prophet (saw) requires equality when giving gift to children. But, in the absence of any valid reason, distribution based on Islamic law of inheritance (fara'id) shall be applied