Analysis of Heir Pre-Investigation Mechanism: According to Shari’ah Perspective

Abstract

Determination of the rightful heirs and portions of inheritance is the main objective of Islamic Inheritance Law in order for the rightful heirs to receive their justice. Therefore, there are many processes to go through such as investigation and legal hearing (should there be a claim) before a decision is made and verified. However, before reaching that, heir pre-investigation mechanism must be applied comprehensively so that the subsequent processes can be implemented smoothly and effectively. The main objective of this article is to analyse the position of heir pre-investigation basic mechanisms and the extent to which they are applied in matters related to Muslim inheritance issues according to shari’ah. Even though there is neither specific nor systematic pre-investigation mechanism formally established to follow the shari’ah, however, from the angle its practice, the foundations which shape the mechanisms are indeed existent and have been practised indirectly by the Messenger of Allah and his Companions as well as the tabicin.

DOI: 10.5901/mjss.2014.v5n29p107