Fatwa's Insights - Kinship
Concept Of Majority Rule And Maips' Role In Amending The 1955 Inheritance Distribution Act (Act 98)
THE 42ND MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2019
14 - 15 JULAI 2019 / 11 - 12 ZULKAEDAH 1440H
Concept Of Majority Rule And Maips' Role In Amending The 1955 Inheritance Distribution Act (Act 98)
The Perlis State Fatwa Committee views that there is no Shariah impediment to the proposal of using the Majority Rule concept and the role of MAIPs in resolving inheritance disputes as per the amendment to the 1955 Inheritance Distribution Act [Act 98], as it does not contradict Shariah but rather aligns with the following reasons:
1) The establishment by the authorities to manage assets that cannot be managed due to disagreement among heirs is to safeguard public welfare and prevent waste and freezing of assets, in accordance with the legal maxim:
التَّصَرُّفُ الإمَام عَلَى الرَّعِيَّةِ مَنُوْطٌ بِالمَصْلَحَةِ
"The action (implementation) of the ruler over the subjects must be connected (bound) with maslahah (public interest)"
2) This determination action by the ruler, although it may not be agreed upon by some heirs, can resolve greater and more general interests in the administration of inheritance property in this state. It is in accordance with the legal maxim:
مصلحة عامة مقدمة على مصلحة خاصة
"General maslahah (public interest) takes precedence over private maslahah (personal interest)"
Resolved at the Meeting of the Majlis Agama Islam dan Adat Istiadat Melayu Perlis No. 5 of 2019 convened on 5 September 2019.