Kedudukan Dhawi Al-Arham Dalam Sistem Pembahagian Pusaka Islam: Satu Kajian di Negeri Kedah Darulaman

This study aims to clarify the position of dhawi al-arham in the distribution of the Muslim’s inheritance based on the state laws and Islamic laws. Dhawi al-arham is defined as those related to the deceased as well as ashab al-furud and ashab al-‘asabah. Prior of this, there has been no legal debate on dhawi al-arham. Until now, the decisions passed by the Syariah Court in Kedah have not recognized the rights of inheritance to dhawi al-arham. Nevertheless it has been well accepted and enacted in some Muslim countries. This study focuses on three objectives which are to study the position of dhawi al-arham in the administration of Islamic inheritances in Kedah, to explain the reasons of rejection of dhawi al-arham as beneficiaries in Kedah, and to propose the acceptance of dhawi al-arham as beneficiaries of Islamic inheritances in Kedah. This study utilizes a qualitative and descriptive approach. The data and information were collected from authorized parties in legal and administration of Muslim inheritance. The data and information have been analyzed using inductive, deductive and comparative methods. This study found that the faraid system is implemented in accordance with the view of Syafie’s sect and rejected dhawi al-arham as beneficiaries. The remaining estate must be surrendered to Baitulmal. It is also found that there has been no written law relating to faraid. All decisions of Kedah’s Syariah Court are in accordance with Syafie’s sect, the law provides a room to accept dhawi al-arham as beneficiaries in accordance with other sects. This study suggests that the authorized parties such as the Syariah Court and the State Fatwa Committee should consider the rulings and opinions of other sects in handling cases related to the distribution of Muslim’s inheritance.