Professional Documents
Culture Documents
The Dilemma On The Implementation of Islamic Law On Succession and Inheritance in Maranao Communities
The Dilemma On The Implementation of Islamic Law On Succession and Inheritance in Maranao Communities
Presented to
DR. JAMEL CAYAMODIN
Institute of Islamic Studies, University of the Philippines - Diliman
In Partial Fulfillment of the requirements prescribed in
Isl Studies 275, Muslim Personal Laws on Inheritance and Succession
Presented by
MS. NORJANNAH BACARAMAN MATANOG
Page | 1
I – BACKGROUND OF THE STUDY
Bismillahi Rahmanir Raheem. In the Name of Allah, the Most Beneficent, the Most Merciful.
I grew up believing that when it comes to distributing estate of the deceased it is the elder / eldest
who takes the larger portion of the estate, because this is what I observe and hear from my
relative. I would hear some who would be trapped in a turmoil because of the disagreement, even
just after the 7 days funeral, they would fight over the “tabang” or aid given by friends and
relatives of the deceased, mostly it is the eldest who is taking it, if not, if the deceased was
hospitalized it is the ones who had spent the most during the hospitalization who takes it, more
I believe that Islamic law of Succession and Inheritance is somehow neglected among Maranao
otherwise it is not widespread, in fact, I just learned about it at later age during my Shariah
training May of this year. Upon learning it I was astonished to know that what I thought of how
Far’aid is done, all my life, was totally wrong or could be considered un-Islamic. Hence, I pick
Maranao Communities” as my topic to explore and delve in to the reasons why turmoil is
community.
Page | 2
STATEMENT OF THE PROBLEM
Problem in inheritance is the most common cause of conflicts among Maranao families, in fact
there is one prominent family in Marawi where up to now their conflicts remain unsettled. It is
known that their conflict was due to the management of, once prestigious school in Marawi City
owned and left by their deceased father. Since his surviving heirs never arrived in agreement as
who will manage the school; they had no choice but to close the school.
Indeed inheritance is one of the complex branches of Shari’ah, hence, without the proper
knowledge of it, it will not be executed properly or may be done wrongly. Allah (s.w.t) is very
specific pertaining to inheritance in the holy Quran, therefore there is no doubt that its proper
OBJECTIVES
The main objectives of this research are the following: First, to discover and explore how
succession and Inheritance is implemented among the Maranao communities. Second, find out
how well known is Islamic law on inheritance among Maranao and finally to determine what are
the predicaments in implementing Islamic inheritance among Maranao and In sha Allah by the
Page | 3
SCOPE AND LIMITATIONS
The subjects of the study are Maranaos both male and female to ensure that I will not get biased
results since I will also be asking about respondent’s view on 2:1 ratio or male getting a share
This study limits its coverage to (18) eighteen to (60) sixty and above years of age subjects only.
Its main purpose is to consider respondent’s knowledge and experience about the topic.
METHODOLOGY
To obtain a most valid research, I decided to use survey as my primary research method. I
conducted the survey via phone interview, pen-and-paper survey administered to my respondents
and I also took advantage of the social media by sending my questionnaire to some of my
facebooks friends. The questionnaire composed of questions seeking information and answers
I used the following data sources: first, The Holy Qur – an Second, the P.D. 1083 also known as
the Code of Muslim Personal laws of the Philippines. I also utilize the power of the internet, by
searching in hope of finding similar research but I simply did not find anything closely related to
what I wanted to find out. I ended up with results of web pages that simply contained the word
Page | 4
‘Inheritance’ or ‘shari’ah’ in their title but they were all helpful. Through these websites, I
managed to find relevant information regarding my topic, therefore, it could be said that most of
light and provide valuable information and findings towards proper implementation of Islamic
inheritance for the Muslim community not to trap into conflict. Furthermore, by having a full
knowledge of this, we would be able to maintain the harmonious relationships with our families
and kinsfolk.
And above all it is part of our Ibadah, and it is our responsibility as a Muslims to acquire
knowledge about important aspects of our religion and impart it to our fellow Muslims.
Page | 5
II- REVIEW OF RELATED LITERATURE
Allah in his infinite mercy has revealed many commandments in the Holy Qur'an and through
our beloved Prophet Muhammed May Allah send peace and blessings upon him. He has done
this in order to guide mankind to the straight path, the path which leads to entry into paradise.
One can only achieve this goal by following the religion of Islam.
Islam being a complete religion gave rights to every living creature. In the times of ignorance:
the pre-Islamic era, orphans, women and the weaker links in the human chain had become prey
of many injustices and had no rights whatsoever, but the advent of Islam brought a change and a
revelation that history had never witnessed before. Women, regardless of their dependency on
men or their sensitive nature were given rights which were previously either non-existent or
ignored. Out of the many rights women were given at the dawn of Islam is Inheritance.
In the Arabic language, Inheritance is known as ‘Fara-idh', which is the plural of ‘Fareedah',
which means something that has been fixed, set or determined. This branch of knowledge is
known as ‘Fara-idh' because it has been fixed by Allah in the Holy Qur'an. (http://www.inter-
islam.org, 2015)
Death is inevitable. As a result, Islam being a complete way of life has spelt out how the
deceased’s estate should be shared among his heirs. By estate, we mean the entire property a
deceased leaves behind such as houses, cars, clothes, furniture, land, farm, jewellery, cash (at
hand and in bank), shares, bonds, and so on including socks and underwear; everything.
Page | 6
Succession (‘Fara-idh') is a mode of acquiring ownership of properties, because the ownership
by a person of certain properties are transmitted and passes by his death to his heirs or others
who acquires them according to his will or by legal succession in accordance with law. (Sr.,
Mirath means inheritance to be shared from the property of the deceased among his successors.
The study of Mirath in shariah gives rules as to who inherits and who is to be inherited and what
shares go to the heirs. The death of a person brings about transfer of most of his rights and
obligations to persons who survive him and are called Wuratha that is heirs and representatives.
The compulsory transferring of the deceased’s property to his heirs is called inheritance.
(Siddiqui)
The Holy Qur'an and our beloved Prophet Muhammed May Allah send peace and blessings upon
him laid much emphasis on the importance of Islamic Inheritance. In many Hadith our beloved
Prophet May Allah send peace and blessings upon him talks of the importance of Inheritance in
the Islamic manner and Allah informs man in the Holy Qur'an of its procedure.
“God (thus) directs you as regards your children’s (inheritance) to the male, a portion equal to
that of two females: if only daughters, two or more, their share is two-thirds of the inheritance: if
only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased
left children, if no children, and the parents are the (only) heirs, the mother has a third, if the
deceased left brothers or (sisters) the mother has a sixth. The distribution in all cases is after the
payment of legacies and debts; ye know not whether your parents or your children are nearest to
Page | 7
you in benefit. These are settled portions ordained by Allah: and Allah is All – Knowing, All –
wise.” This law of inheritance continues in verse 12 of the same Surah thus:
“In what your wives leave, your share is a half, if they leave no child, but if they leave a child,
ye get a fourth, after payment of legacies and debts. In what ye leave, their share is a fourth, if ye
leave no child, but if ye leave a child, they get an eighth, after payment of legacies and debts. If
the man or woman whose inheritance is in question has left neither ascendants nor descendants,
but has left a brother or a sister, each one of the two gets a sixth, but if more than two, they share
in a third, after payment of legacies and debts, so that no loss is caused (to anyone). Thus is it
ordained by Allah, and Allah is All – Knowing, Most Forbearing”. (The Value of Islamic
Moreover, there are thirty-five verses of the Quran which refer to Mirath or its derivatives in one
form or the other. There are 3 main verses in the Quran giving specific details of inheritance
shares (4:11-12, 4:176). At least seven verses (2:180-182, 2:240, 4:33, 5:106-107) deals directly
to testamentary disposition.
Our beloved Prophet Muhammad (SAW) said regarding learning Islamic inheritance
and its importance:
Indeed I am a man who will be taken away, therefore learn Fara-idh and teach it. The
time of the disappearance of knowledge will come close, when two persons will
dispute regarding an Islamic ruling and they will find no one to decide the dispute.”
In another Hadith, our beloved Prophet says, “Learn Fara-idh and teach it, indeed it is
half of knowledge.”
In one narration our beloved Prophet says, “It is my way and it is the first thing that
will be taken away from my Ummah.”
Page | 8
The leader of the faithful and the great companion of our Prophet, Umar used to
say, “O people, learn Fara-idh with the same concern and effort with which you learn
from the Qur'an.”
Through the light of the Holy Qur'an, the sayings of our Prophet and his beloved
companions, we can acknowledge the importance of Inheritance in the Islamic
manner, but unfortunately we have begun to ignore the Islamic teachings and we have
started to follow the ways and the practices of non-Muslims, in which one person or
only a few would receive the inheritance and at times no one would receive
inheritance except a pet of the deceased which would inherit everything instead.
Violation of Islamic Laws and injustices to Mankind leads to breaking ties which we
can witness clearly in this day and age. At times, the main cause of these breaking
relationships were all caused by the lack of Islamic knowledge and abandoning
Islamic teachings as is the case for Inheritance.
It is incumbent that we learn and practice inheritance in the Islamic way and where
necessary we turn to our Ulama (Islamic scholars) who will guide us to live life on the
straight path using the light of the Holy Qur'an and Sunnah of our beloved Prophet.
(http://www.inter-islam.org, 2015)
Based on the evidences above, it can be concluded that learning about far-aid is obligatory
kiifayah (fardhu kifayah) to all Muslims and it will become void once some other Muslims have
learned it, but the ruling that says it is sunat to study it remains. Similarly, the ruling of
1
implementing the Islamic inheritance distribution (fara-id) is mandatory (wajib). (Awang)
1
FARD: Individual duty or fardh al-'ayn ( )العين الفرضrelates to tasks every Muslim is required to perform, such as
daily prayer (salat), or the pilgrimage to Mecca at least once in a lifetime (hajj).
Sufficiency duty or fardh al-kifāya ( )الكفاية الفرضis a duty which is imposed on the whole community of believers
(ummah). The classic example for it is janaza: the individual is not required to perform it as long as a sufficient
number of community members fulfill it. –Wikipedia, https://en.wikipedia.org/wiki/Fard
Page | 9
III- CONCEPTUAL FRAME WORK
distribution
level OUTPUT
predicaments
*Inheritance, how
implemented in
Findings
Maranao
communities
*Suggestions
Page | 10
Figure 1
Figure 1 describes the conceptual model of the study wherein the input is consisting of
the following: Ethnicity: Maranao, Age, Sex. Islamic awareness Level, Inheritance how
On the other side, the process being used is through questionnaire, descriptive survey,
phone interview and statistical treatment such as percentage mean and tally. The output is the
The table shows how the researcher researched, surveyed and obtained the objective of
QUESTIONNAIRES
1. Close Ended questions. Example: as Do you see any dilemma on how it is implemented
among Maranao? YES _____ NO _____
2. Open ended questions where the participant fills in the answer with their thoughts. Such
as: How is succession and Inheritance implemented among Maranao?
How old were you when you learned about the Islamic Law of Succession and
Inheritance?
Page | 11
3. Multiple choice questions: Example: How familiar are you with Islamic law of succession and
inheritance?
a) A.Extremely familiar
b) B.Very familiar
c) C.Moderately familiar
d) D. Slightly familiar
e) E. Not at all familiar
The researchers tallied and tabulated the data manually. Percentage. This was utilized in
reporting the profile of the respondents specifically on their level of awareness of the topic.
WA = TW
N
Where: WA – Weighted answers
2. Question 2: How familiar are you with Islamic law of succession and inheritance?
Page | 12
Number of
Choices Percentage
Answers
A. Extremely familiar 0 0%
B. Very familiar 3 10%
C. Moderately familiar 15 50%
D. Slightly familiar 10 33%
E. Not at all familiar 2 7%
Total: 30 100%
57% Percent of the respondent answered that they are moderately familiar with
School 6 20%
News / TV 0 0%
Local government 0 0%
Ulama 2 7%
Islamic book 1 3%
Total: 30 100%
Page | 13
11 out 30 respondents or 37% answered that they learned about Islamic Law of
4. Question 4: How old were you when you learned about the Islamic Law of Succession
and Inheritance?
80% percent of the respondents learned about the Islamic law of succession at a
5. Question 5: Are you aware with the percentage of shares of the rightful heirs, especially
85% of the respondent answered YES they are familiar with the 2:1 ratio; male
reasons why male takes the larger portion to those who answered they are not
aware of it.
Page | 14
Yes, it is justified; Allah (s.w.t) would have not prescribed it to us Muslims, if it is
regards to His most excellent rules however, as a practitioner of Islam I may say
that the fair distribution of wealth is for the family not to dispute over it after the
death of the person who is inherited from. Nevertheless, the 2:1 ratio in favor of
the male’s share might have a negative connotation with the unbelievers
especially those who are unfamiliar with our culture but, Allahutaala intended it
to align this with our common practice. For example, in Islamic community the
responsible for her safety, security and sustenance. Moreover, the man in Islamic
wedding has an obligation to give mahr to his wife to be in order to validate the
said wedding but there are instances of exceptions which we will not discuss here
since it’s not part of the scope. Thus it is fair to conclude that man has the
Bao, Respondent
female relatives
Page | 15
iv. Males are the provider and obliged to support his family financially.
30% answered to avoid any conflict they would divide the estate
greater good.
89% percent of the respondent answered that as per observation, the practice of
note that it does not necessarily mean that majority of the Maranao families are
agreement wherein each will take equal portions. They will also resort to Igma o
Tarib, and “Sabr” patience to avoid being caught up in a conflict with their
kinfolks.
should be. For me it only depends on the family to resolve it by agreeing which
Page | 16
8. Question 8: Do you see any dilemma on how it is implemented among Maranao? If yes,
site an example?
ii. Some member will not give way to the other which causes conflicts
iii. Some would declare what would go to them even their parents are still
living
iv. Some kids who became orphan at an early age, does not get a share
Maybe to educate the Meranaos not only with Islamic laws but with
9. Question 9: In general, how would you rate the awareness on Islamic Law of succession
Page | 17
Choices: No. of Answers Percentage
A. 100% 1 3%
B. 70% 2 7%
C. 50% 12 40%
25% 6 20%
10% 1 3%
others:
30% 4 13%
20% 4 13%
Total: 30 100%
10. Question 10: How is awareness with Islamic law on succession and Inheritance
important? Why?
100% of the respondent answered that, as a Muslim, knowledge with Islamic law
and succession and Shari’ah as a whole is very important as part of our faith.
It is very important not only to some who are into Islamic studies but to ordinary
people who are Muslims. We should always be careful in every step that we made
specifically if it is against Islam or we will surely test the curse of Almighty God
Allah. –Respondent
Follow up question 10.1: What can you suggest to increase the awareness of this law?
Page | 18
o Incorporate Shariah subjects, as early as in Elementary and High school as
Total separation from the government not AUTONOMY. Full separation of the
Muslims in the Philippines and govern a country of our own thru Islamic Shariah
propagation and to practice the religion openly free from biases and
discrimination. Thru this, our daees would become motivated to convey without
I personally suggest that aside from the moral conduct that is being reminded to
us through seminars and other related activities I think they should tackle also on
how the estate of a deceased person is being distributed for public awareness. -
Respondent
not be totally specified therein but I think this is a good initiative, a good start to
Page | 19
really be very cautious about it and make the people aware that what we believe
Respondent
Page | 20
IV- CONCLUSION:
After I gathered together my findings in order to draw conclusions and statistics from them, I was
Most of the respondent learned about the Islamic Law on Succession and
With these finding I can’t help but conclude that perhaps, though it is not always the case, the reasons as
to why conflicts is affiliated with the distribution of the estate is because of the lack of awareness with
Shari’ah as a whole among Maranao community, specifically inheritance in Islam which is considered as
one of the complex branches of Shari’ah. Hence, without a proper knowledge of inheritance, it will not be
Nonetheless, majority of the Maranao, resorts to Igma o taritib or resolve it through agreement which is
beneficial to everyone, the importance of this knowledge and its implementation among Muslims cannot
Allah. Furthermore, being knowledgeable about inheritance in Islam is momentous to prevent any turmoil
Narrated Abdullah ibn Mas’ud: Allah’s Messenger (peace be upon him) said to me, “Acquire
the knowledge and impart it to the people. Acquire the knowledge of Fara’id (laws of inheritance)
and teach it to the people, learn the Qur'an and teach it to the people; for I am a person who has
to depart this world and the knowledge will be taken away and turmoil will appear to such an
Page | 21
extent that two people will not agree in regard to a case of inheritance distribution and find none
Consequently, promoting cognizance as regards to Inheritance in Islam and its importance is a must.
Since, I myself as well as majority of the survey respondents, have been educated in western education,
learned it at later age, despite it is thought in Madrasah (Islamic School), most of maranao parents
patronizes western rather than Islamic education, it is indeed needful to integrate Islamic Studies and
Shari’ah in our school curriculum as early as in grade school and high schools. Although, Mindanao State
University and some schools in Marawi City offers Shari’ah courses and or subjects in college it is best to
be equipped with this knowledge at an early age to avoid possible turmoil, fitna in the future.
In conclusion, Islamic Education is mandatory to every Muslims not optional; we are all duty-bound to
acquire knowledge and impart it to others to strengthen our faith and to be a better Muslim.
May Allah Almighty (s.w.t) accept this effort as an act of Ibadah. Ameen. In Sha Allah.
2
Muhammad Imran Muhammad, INHERITANCE IN ISLAM., p.2 http://www.sadtayyfoundation.org/
Page | 22
V- REFERENCES:
Bensaudi I. Arabani Sr., Commentaries on the code of Muslim Personal Laws of the Philippines p. 591
Reza, Mohammad and Rahni, Mohammadzade, “Comparison of the Women’s Inheritance between Islam
and the World Great Civilizations” MAGNT Research Report (ISSN. 1444-8939) Vol.2 (1). PP:66-74
The Value of Islamic Inheritance In Consolidation Of The Family Financial Stability. IOSR Journal Of
Humanities And Social Science (IOSR-JHSS) ,Volume 8, Issue 3 (Jan. - Feb. 2013), PP 15-23 e-ISSN:
The Value of Islamic Inheritance In Consolidation Of The Family Financial Stability. IOSR Journal Of
Humanities And Social Science (IOSR-JHSS) ,Volume 8, Issue 3 (Jan. - Feb. 2013), PP 15-23 e-ISSN:
The Islamic Inheritance Law (Faraid): The Manifestation Of Comprehensive Inheritance Management In
Islam, p.4
Wikipedia, https://en.wikipedia.org/wiki/Fard
Page | 23
Bibliography
Associate Professor Mohd Ridzuan Awang (n.d.). The Islamic Inheritance Law (Faraid): The
Manifestation Of Comprehensive Inheritance Management In Islam. In A. P. Awang.
Islamic Law (Syariah) Department University Kebangsaan Malaysia.
The Value of Islamic Inheritance In Consolidation Of The Family Financial Stability. (Jan. - Feb.
2013). IOSR Journal Of Humanities And Social Science (IOSR-JHSS) ,Volume 8, Issue 3
, PP 15-23.
Abdul Hamid Siddiqui (n.d.). Inheritance in Islam. Retrieved from IslamOnline.net-Shariah and
Humanity 2007.
Sr., Bensaudi Arabani (n.d.). Commentaries on Muslim Personal Laws of the Philippines.
(n.d.). The Value of Islamic Inheritance In Consolidation Of The Family Financial Stability.
IOSR Journal Of Humanities And Social Science .
Page | 24