Zakiul Fuady Muhammad Daud and Raihanah Azahari
The purpose of this paper is to identify the conditions of the wajibah (obligatory) will under compilation of Islamic law (KHI) and the application and rationale of wajibah wills…
Abstract
Purpose
The purpose of this paper is to identify the conditions of the wajibah (obligatory) will under compilation of Islamic law (KHI) and the application and rationale of wajibah wills in religious justice. The wajibah will is a form of judicial wealth transition that can deliver an inheritance to an heir who is not otherwise eligible for it. It is implemented in some Islamic countries, including Indonesia, based on the KHI.
Design/methodology/approach
This is a descriptive qualitative study that uses documentation as a data-collection method. This study applies the content-analysis method to the data collected.
Findings
The results of study indicate that, under KHI, a wajibah will only be given to adopted children. Nevertheless, in the practice of religious justice, the wajibah will is also granted to heirs of faiths other than Islam and to illegitimate children. The rationale for the wajibah will involves historical factors and public considerations.
Originality/value
This paper provides information on the practice of the wajibah will in Indonesia in view of the plurality of the Indonesian people. Thus, the wajibah will is an appropriate instrument to attain justness in the well-being of the community. This paper also attempts to give a critical review of the practice based on five necessities.
Details
Keywords
Nor Aini Ali, Wan Marhaini Wan Ahmad, Suhaili Sarif, Nor ‘Azzah Kamri and Raihanah Azahari
Purpose – This chapter examines the application of the concept of maslahah in household debt management.Methodology/approach – A combination of quantitative and qualitative…
Abstract
Purpose – This chapter examines the application of the concept of maslahah in household debt management.
Methodology/approach – A combination of quantitative and qualitative approaches is employed. Questionnaires were used for data collection.
Findings – Malaysian Muslims become indebted for four main purposes: buying their first car, their first home, helping family members, and financing their studies. Thus, Muslims principally borrow funds to fulfil their dharuriyyat (essentials) and hajiyyat (complementary) needs, and in some cases, they borrow for tahsiniyyat (luxury) purposes.
Research limitation/implications – The respondents of this research are working Muslims in the Klang Valley, Kuala Lumpur, Malaysia.
Practical implication – This study helps Islamic finance institutions to develop better products to offer customers. Its results can also give a real picture about borrowing activities to the Credit Counselling and Debt Management Agency.
Originality/value – Prior studies have mainly examined household debt management. This study surveys local Muslims’ household borrowing pattern to understand the nature of personal debt management and then analyses these data against the concept of maslahah. This will enrich the currently available literature.