ARTICLE REVIEW

SUBMISSION DUE DATE:

18th January 2021

SUBJECT:
FARAIDH AND ESTATE MANAGEMENT

CODE SUBJECT:
IMU653

GROUP: IC2106A (2)

PREPARED BY:

No NAME MATRIC NO.

.
1 MUHAMMAD NOOR IKHMAL BIN 2017388883
MOHAMAD YUSOFF
2 MUHAMMAD NUR SALAM BIN MOHD 2017723397
RAZALI

PREPARED FOR:

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 Puan Azizon Binti Salleh
CONTENT

NO SUBJECT PAGES

1 TITLE OF THE ARTICLE 3

2 PART A :SUMMARIZE OF ARTICLE 3-5

3 PART B : REVIEWERS 'OPINIONS 6-9

4 CONCLUSION 10

5 REFFERENCE 11

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 TITLE FOR THE ARTICLE :

ISLAMIC INHERITANCE LAW (FARAID) AND ITS ECONOMIC IMPLICATION

The Author Name and Background Information for this article is the fir Adelina Zuleikha,
International Center for Education in Islamic Finance (INCEIF), Kuala Lumpur, Malaysia, and
second Ni Putu Desinthya, International Center for Education in Islamic Finance (INCEIF),
Kuala Lumpur, Malaysia. For the title of Articles and Related Information is Islamic
Inheritance Law (Faraid) and Its Economic Implication.Date of publication this article in
2014.for the Journal or article name we study is Tazkia Islamic Finance and Business
Review. The volume Volume for this paper is 8.1 and last information is the pages of the
paper. The pages are 24 page.

PART A : SUMMARIZE FOR THE ARTICLE

Based on this article, the author narrates the rules in the division of property in Islam
which is faraidh where the author obtains a source for inheritance through the Qur'an and
also the Sunnah. This happened when a person asked the Prophet Muhammad about his
inheritance which was not given to his children but even to his cousins. Then the revelation
was revealed by Allah regarding the obligation in faraidh that is in surah an-nisa’ verse 7
which tells that men have a share in the inheritance of their parents and for women share
what is left by both parents .. where the verse is the revelation narrates absolutely before the
verse that narrates in detail that is in the same surah verses 11 and 12. The verse gives a
rate to the findings from the property of the deceased. In the eleventh verse tells the part to
the children and the parents and in the 12th verse tells the part for the husband and wife and
siblings.

Based on the Qur'an, the division for children and parents, for boys, they will get ½
from property while for daughters over 2 people will get 2/3 of the inheritance. But if only
one, the daughter deserves ½ from the legacy. As for the parents, the mother and father will
get 1/6 if the deceased leaves the offspring. If he does not leave, the mother will get 1/3 and
the father will get asabah.

Then the author tells the part of the couple and siblings where the wife will get ¼ and
husband ½ if the deceased either husband or wife does not leave offspring. But if the
deceased leaves offspring, the husband will get ¼ and the wife 1/8. As for the siblings, if

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they leave the siblings, for the brother will get 1/6, for the sister will get 1/6. But if they leave
their brother and sister, they have to share that is 2/3. If it does not leave the beneficiary
lineage, the brothers can get it, namely brother asabah, sister ½, sisters share 2/3 and
brothers and sisters will get leftovers with men 2 times from the women's section.

In the process of division of property, it is necessary to resolve 3 things before distributing

faraid, namely expenses for the funeral of the deceased, the debts of the deceased and the
will of the deceased which is about not more than 1/3. Only after completing these three
things can you make a division of property. In the division of property there is no ashabul
faraid or ashabul furood, then continue to asabah i.e. asabah nasabi and asabah sababy. If
still not there, the property will go to zhawil arham. If it is still not there, go to mawlat
muwalat. If it is still not there, it will be postponed to muqirun lahu bin nasab. If all is still
missing, it will continue to almusa lahu. If it is also not there, it will eventually go straight to
bayt al-mal. But there are some circumstances that make the heir unable to become the heir
to the property of the deceased. For the first condition is if the recipient is a slave.so the
slave is not allowed to get property from the deceased. The second is the killer of the dead.
Although he is the heir, but he is not allowed to own the property of the eye for the reason of
being a murderer to the deceased and hence the religious differences. If the heir for the eye
other than Islam, the heir is not eligible to receive wealth from the property of the deceased.
Then the adopted child, the illegitimate child and the unborn child are also not eligible to
receive property from the deceased and the last one is khunsa. Khunsa is also not eligible to
receive the deceased's property.

In empowering women in economic activities, there is no difference between men or

women in Islam, Islam also removes the word that women are less important than men
because women's rights are not the same as men's. This can be found in the Qur'an which
states that the position of women is the same as the position of men as the Equality of
women and men is clearly stated in the sight of Allah SWT in terms of responsibilities and
rights narrated in surah an-nahl verse 97. In addition related to human birth, women play
important role as a person equivalent to a male partner. This can also be taken from surah
al-hujuraat verse 13 and the third is that in receiving the reward for each act, women have
similarities with the handling of men in shared and personal responsibilities narrated in surah
al-ahzab verse 35. And the last is the right the same with companies, contracts, owning and
acquiring as independent human beings in Islam. He will get the same fine and
compensation as the man in his position as in the case of theft or the like. This can also be
seen in surah al-baqarah verse 178.

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 In owning property, as we know as Muslims, that is, all ownership in this world
belongs to God and we as human beings are only as trustees given to manage property
well. In surah al-baqarah verse 188 there is a mention that we live in the world so as not to
eat other people's property or take other people's property. Use our property to the best of
our ability. In Islam property has types namely public property, state property and personal
property. In protecting the distribution of justice in wealth, Islam teaches us to follow three
objectives that can be followed, namely the first is the formation of an economic system that
can be worked and implemented. This can be seen in surah az-zukhruf verse 32. the second
is to allow everyone to get what should be obtained as in surah al-ma’arij verses 24-25. And
the last is to eliminate the accumulation of wealth such as monopolizing wealth because
everyone is entitled to wealth as stated in surah al-haysr verse 7.

In Encouraging Economic Growth and Creating the Right Economic Sequence,

Islamic Teachings from the Quran and Hadith provide guidance to practice Islam with
oriented growth strategies that can help strongly in realizing the Islamic vision of a just socio-
economic order. learning and teaching of Faraid's testimony in the hadith of the Prophet
(PBUH): "Learn Faraid and teach them to people because their knowledge is already there
and there must be

something that has been forgotten and also it becomes knowledge that is first taken from our
knowledge. and men in Islamic inheritance law do not show superiority in the status of men
in Islam because money or assets are not standard status in Islam.Difference of inheritance
rights between men and women side by side with financial problems according to Islamic
Law for women and men.Under Islamic system , duty to take care of family (children
-children, wives, parents, and siblings) are always on the husband, even their personal
income of the wife is greater than her husband. Far from the prejudice of discrimination
against women as heirs, these distribution rules are in fact women are in good standing
compared to male beneficiaries, as women do not require financial obligations to the family.

Thus, Faraid consistently, scientifically and beautifully harmoniously uses the

strengths of men and women to generate value, increase national wealth and the well-being
of society. set .While he is still alive, he may be able to use things freely, subject to moral
time, once he begins to realize can cause him to die, he only gives an inheritance to friends,
charity or whoever he wants, needed for non-people Islam, in one-third of the total estate
after the settlement of its debts and other liabilities.Islamic economy is not only concerned
with production factors and issues related to supply and demand demand as well as ethical
perspectives related to these matters. Thus Faraid is one of the economic lessons of the
Qur’an that gives guidance to human beings for the right time of economic system.

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PART B: REVIEWERS 'OPINIONS

The article used by the researcher is entitled Islamic Inheritance Law (Faraid) and its
impact on the economy. The Islamic inheritance law (Faraid) is an integral part of Shariah
law. Faraid is the science of disseminating the inheritance of people who die in accordance
with Sharia law and teachings which is also known as' llmu Mawarith or the science of
heritage. In the Quran, Allah SWT has set the Islamic Heritage law in a wise way.
Quantitatively, Faraid has a systemic effect to develop knowledge and quality of life as
evidenced in the actual hadith which states that Faraid is half of the total knowledge.
Historical facts also find that Islamic heritage law is considered the stimulus behind the rise
of Algebra. Faraid and its function is as a tool to create the right economic order in society
much discussed by Muslim economic scholars in the late 60s to late 80s. Among the well-
known studies that show Faraid's economic role is Mannan (1970).

In the article, the main issues raised or raised by the author are related to the impact
of heritage law on the economy. This can be seen that the author emphasizes a lot about the
effect of faraid on the economy of society. Among them in writing methodology used by the
author is qualitative research which is research that takes an interpretive, naturalistic
approach to the subject matter. Mawdudi (2011), Khan (1989) and Mannan (1987), are
among the qualitative studies that dominate the field of Islamic economics that discuss the
role of Faraid in the economy of a society. In addition, there is also in the introduction that
the author states that the author seeks to enrich Faraid literature before its Islamic economic
implications by compiling the literature provided with additional information to show that
Faraid plays an important role as a tool to build a prosperous economic order. that the
author emphasizes the effect of faraid on the economy. Among the examples of the impact
of heritage law on the economy in the article is empowering women to engage in Economic
Activities. Through Faraid, Islam empowers women to engage in complex economic
activities and together with men to develop the social well-being of society. In the Qur'an,
there is a verse in the Qur'an that explains that women have the same position as men,
namely in surah an-Nahl verse 97. In addition, protecting justice in the wealth of
redistribution is also an effect of inheritance law on the economy. In Islam, the redistribution
of wealth can be done by Zakat and Faraid. The Islamic wealth distribution system
guarantees that everyone gets their rights.

The issue raised by the author is very interesting. The issue is interesting because
the faraid debate is not only related to social and life aspects but also to economic aspects.
This can show the use of faraid which is an inheritance law used for the distribution of

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property left by the deceased which has many positive effects on the economy of society.
The issue raised by the author is also interesting because it can provide knowledge to other
readers related to the effect of faraid on the economy, which is to protect property rights.
Property rights in Islam can be divided into three categories namely public, state and private.
In the case of Faraid, in addition to the rules related to wants and demands, Islam also
guarantees the division of a man after his death is transferred to the right party with the
justice part. Furthermore, the issue is also interesting because it can show non-Muslims that
Islam is the way to life that is all things related to life have a decree in the Quran. For
example, in the division of property, Islam has established faraid as a system of division of
property of the deceased who has died to avoid disputes, especially in families related to the
property. This can directly open the hearts of non-Muslims to embrace Islam which has rules
and regulations in every aspect of life.

Next, the issues raised or raised by the author are very relevant to me as a
researcher. This is because the issue is very related that is between the economy and
faraid. Faraid is a system of distribution of property of a person who has died to a person
who is entitled to own property after the owner of the property has died. The use of faraid in
the division of property is closely related to the economy which has an impact on the
economy. For example in the article, the effect of faraid in the economy is to promote
economic growth and create the right economic order. In Islamic economics, there are three
objectives of wealth distribution among them is the formation of a viable economic system,
enabling everyone to get what they deserve and eliminating the accumulation of wealth. All
the objectives listed distinguish Islamic economics from socialism and capitalism. This
clearly shows the relation of faraid to the Islamic economy, namely the faraid system allows
everyone to get what they deserve and eliminates the concentration of wealth.

I also agree with the findings of the study in the article. The findings of the study in
the article discuss a lot clearly related to faraid and I strongly agree with the explanation
given by the author who is very detailed to give an explanation related to the effect of faraid
on the economy with the addition of thoughtful arguments and use the source of revelation
that is the Quran and hadith as reference in conducting the study. Among the findings of the
study that I agree in the article is the law of inheritance in the Qur'an and Hadith which is
related to the procedure in dividing the inheritance. The division of the estate can be done
only after fulfilling the obligations of the deceased. Among the rights to fulfill the obligations
of the deceased is the right to repay the debt. The heirs must settle the outstanding debt on
behalf of the deceased. This clearly shows that I agree with this article because the findings
of the study given are very accurate.

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 In addition, the authors have also answered the research questions. The author
answers the research question clearly by detailing the answer to the given question. Among
the questions in the article is what is the effect of faraid on the economy. The author has
answered the question by explaining and dividing the various effects of inheritance law
(faraid) in the economy clearly and in detail. Among the examples of the author answering
the question is the effect of faraid on the economy is to empower women to engage in
economic activities. The author has detailed the answer to this question by giving arguments
and using the source of revelation that is the Qur'an to further strengthen the answer in the
study question that Islam recognizes women to remove the perception that women are less
important than men because women's rights are not the same as men. There is a revelation
from the Quran that proves that women have the same position as men in surah an-Nahl
verse 97.

Next, the methodology used by the author is appropriate to the study conducted. The
author uses qualitative research. Qualitative research is useful to achieve that goal which is
to understand the meaning of events and actions in which the phenomenon occurs,
understand how events and meanings are formed by unique circumstances, identify
unexpected phenomena and influences and produce new ones and understand the process
in which events and actions occur. The rationale behind qualitative research in Faraid is
because of the nature of Faraid which is related to many dimensions of human life with
respect to social life and economic order of society. Therefore, qualitative research is
considered more appropriate for this field of discipline. The Data Collection Method is with
the data collected mostly from books, journal reference sources and internet sites.

The findings of the study in the article are very reliable and convincing to me. This is
because the findings of the study are explained using various references from articles from
previous researchers as well as the arguments contain sources of revelation, namely the
Quran and Hadith which further strengthen the findings of the study. For example, in the
economic implications of inheritance law, which empowers women to engage in economic
activities. The author explains the section in detail by placing evidence from the verses of the
Qur'an that further strengthens the findings of the study and directly shows that the findings
are very reliable and trustworthy.

Steps that can be taken by the author to ensure the validity and reliability of the study
is to make field notes and diary references. The high reliability value of qualitative data
according to Bogdan and Biklen (2003) is also involved in field data collection efforts.
Evidence of the implementation of data collection such as observation of previous articles
and document collection is a form of high reliability. Therefore, every implementation of data

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collection work in the field should be reported in in a report called field notes. This field note
is further reinforced by a brief note of the researcher's diary. As a way to facilitate the
researcher to make field notes, the researcher makes the initiative to provide a booklet for a
complete record of each researcher's current field trip for each item. From this booklet, the
researcher can arrange in order in a complete report marked according to the items studied.

Researchers take relevant steps to ensure research ethics are adhered to. Among
the relevant measures to ensure research ethics are adhered to is the author not fabricating
the data. Data fabrication is the data created and designed regardless of the actual results
obtained through the collection of research data conducted. The author also does not
commit forgery, such as manipulating materials, equipment or processes, modifying data or
decisions that affect research output. Finally, the author also does not carry out plagiarism
that is the use of ideas, processes, writing work, results or words of other researchers
without proper permission or appreciation to the real owner.

This article also affected me on how to think about the things raised in the article.
The effect on me on the way of thinking about the things raised in the article is related to the
economic implications of inheritance law which is to empower women to engage in economic
activities. This matter is raised, out of my mind because it discusses the effect of faraid in the
economy which is related to women. This changed my thinking that in Islam there is no
difference in status between men and women which is also evidenced in Islamic Heritage
Law. This faraid provides an opportunity for women to engage in economic activities. In the
division of faraid, there is also the right of division to women to encourage them to carry out
economic activities. Thus, it is clear that the matter raised in the article has broadened the
way I think about the economic implications of inheritance law.

The information I gained through reading this article can brighten and improve the
way I conduct research qualitatively. I can improve the way I conduct research qualitatively
i.e. put the rationale behind qualitative research as the author of the article did. In the article,
the author puts the rationale behind qualitative research in Faraid. The rationale behind
qualitative research in Faraid is because of the nature of Faraid which is related to many
dimensions of human life, with respect to social life and economic order of society.
Therefore, qualitative research is considered more appropriate for this field of discipline. I
can also improve the way to conduct research qualitatively that is to carry out the objectives
of qualitative research according to Maxwell (2005) which is to understand the meaning of
events, situations, and actions that the phenomenon occurs and so on.

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CONCLUSION

From the article I have read, many new knowledge discoveries that I have found from this
article. Among the knowledge I found was the sequence for the recipient of property for the
deceased from ashabul furood to bayt al-mal. Previously I only knew the list of asabah and
the type of asabah only. This is a very valuable knowledge for me because as the author
said, this knowledge is the earliest knowledge drawn from this earth. For the 3 objectives in
protecting the distribution of justice and wealth is also a new thing that I can take in this
article. It can also give me the right source which is based on verses from the Quran. If you
want to say, it is too much that I can add knowledge in terms of equality of male and female
beneficiaries found in the Qur'an and more.

If I do a study on faraidh in the future, this article must be used as my reference

source in making a study on faraidh, especially the division of property and equality of
women and men in the Islamic economy.

Finally, if I do the study as discussed here, there are a few things I want to add that is
related to the will. This is because I found that a will can be given to others beyond its limit of
1/3. But it must be done conditionally that is by requiring the consent of each heir. I also
want to add a few things related to hibah. This is because hibah and will are different things
and of course in faraidh many people want to know a little about hibah. That is the only
addition or what I want to modify in this article.

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REFERENCE

Kamarul Azmi Jasmi, Universiti Teknologi Malaysia, January 2012, Research gate,
Metodologi Pengumpulan Data dalam Penyelidikan Kualitatif

Kamarul Azmi Jasmi, Universiti Teknologi Malaysia, January 2012, Research gate, Kesahan
dan Kebolehpercayaan dalam Kajian Kualitatif

Blog AKMALIZA BINTI ABDULLAH, 13 April 2020, Tips Penulisan Ulasan Artikel_
https://people.utm.my/akmaliza/2020/04/13/tips-penulisan-ulasan-artikel/

Associate Professor Mohd Ridzuan Awang Islamic Law (Syariah) Department Universiti
Kebangsaan Malaysia, 2018, THE ISLAMIC INHERITANCE LAW (FARAID):THE
MANIFESTATION OF COMPREHENSIVE INHERITANCE MANAGEMENT IN ISLAM

Pusat Pengurusan Penyelidikan dan Inovasi, Univerisit Utara Malaysia, 17 April 2017, Garis
Panduan Etika Penyelidikan

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