Name: THE PRACTISE OF MUNASAKHAT IN ISLAMIC INHERITANCE
Uploaded: 2021-12-14
Duration: 48 min 10 s
Description: THE PRACTISE OF MUNASAKHAT IN ISLAMIC INHERITANCE.

THE PRACTISE OF MUNASAKHAT IN ISLAMIC INHERITANCE. 

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THE PRACTISE OF MUNASAKHAT IN ISLAMIC INHERITANCE

Ayuni   Zafirah  Binti Amir 2020976815 Nur  Liyana  Binti  Muhamad   Fauzi 2020968941 Nur Sabrina Binti Ismail 2020966573 Siti  Hajar  Binti  Mohd   Senusi 2020973853

CONTENTS. OBJECTIVE. 01. SITUATION OF MUNASAKHAT. 

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IMPACT  AND RECOMMENDATION  OF  PRACTISE OF  MUNASAKHAT

OBJECTIVES. To illustrate the calculation of munasakhat. 

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To illustrate the calculation of munasakhat

To determine  the  concept of munasakhat in islamic inheritance

To identify the impact of  neglecting on munasakhat knowledge

INTRODUCTION. F rom a rabic word “ nasakha ” M eans to move, delete or cancel . Faraid term known as: “Part of the heirs who receive the estate of the deceased before the estate of a deceased person is divided .”. 

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F rom  a rabic  word “ nasakha ”  M eans to  move, delete or cancel . Faraid   term known  as: “Part  of the heirs who receive the estate of the  deceased  before the estate of a deceased person is divided .”

LEGAL EVIDENCES. هَٰذَا كِتَابُنَا يَنْطِقُ عَلَيْكُمْ بِالْحَقِّ ۚ إِنَّا كُنَّا نَسْتَنْسِخُ مَا كُنْتُمْ تَعْمَلُونَ. 

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هَٰذَا كِتَابُنَا يَنْطِقُ عَلَيْكُمْ بِالْحَقِّ ۚ إِنَّا كُنَّا نَسْتَنْسِخُ مَا كُنْتُمْ تَعْمَلُونَ

Meaning: "This is Our Book which tells you the truth. We have commanded you to record what you used to do . 		    (Al Jasiyah:29)

أَلْحِقُوا الفَرائِضَ بأَهْلِها، فَما بَقِيَ فَهو لأوْلَى رَجُلٍ ذَكَر

You should give the obligations to  its members , what is left is for the  more important  men. ”  ( Reported by al-Bukhari )

METHODOLOGY. As we implement qualitative, thus we used:. 

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As we implement qualitative, thus we used:

Library Research to gain information = Internet sources = Online book = Article or journal = Previous study

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SITUATION OF MUNASAKHAT. The condition of the second deceased's heirs is the same as that of the first deceased’s heirs. 

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The condition of the second deceased's heirs is the same as that of the first deceased’s heirs

The heirs of the second and subsequent deceased are the heirs of the first deceased.

SITUATION OF MUNASAKHAT. The situation of the heir of the second deceased is also the heir of the first deceased with some differences in relationship whether there is another heir for the second deceased or not.. 

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The situation of the heir of the second deceased is also the heir of the first deceased with some differences in relationship whether there is another heir for the second deceased or not.

Public Domain Clip Art Image | Illustration of a cartoon ...

Free vector graphic: Woman, Face, Smile, Brown, Hair ...

Girl Red Female · Free vector graphic on Pixabay

Clipart - Girl Face Cartoon

Ponytails Girl Face · Free vector graphic on Pixabay

Free vector graphic: Girl, Smile, Happy, Black, Hair ...

Head Boy Face · Free vector graphic on Pixabay

Free vector graphic: Arrow, Couple, Heart, Love, Pierce ...

SITUATION OF MUNASAKHAT. Public Domain Clip Art Image | Illustration of a cartoon ....

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SITUATION OF MUNASAKHAT. Girl Red Female · Free vector graphic on Pixabay.

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SITUATION OF MUNASAKHAT. The situation of the heirs of the second and first deceased is different. There is an increase in heirs who have a relationship with the second deceased or some of the heirs inherit from both relationships: the first and second deceased.. 

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The situation of the heirs of the second and first deceased is different. There is an increase in heirs who have a relationship with the second deceased or some of the heirs inherit from both relationships: the first and second deceased.

The second or subsequent deceased is the heir to the first deceased.

The second or subsequent deceased shall inherit the inheritance from the first deceased.

The heirs of each second and subsequent deceased are different i.e. do not inherit from one another.

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Public Domain Clip Art Image | Boy Face Cartoon | ID ...

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METHOD TO COUNT MUNASAKHAT. MUMATHILAH. The value is same. 

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There is no same and cannot be dicide with the same number

The value can be divide with the same number

How to count?. 1. Start with the tashih for every death (first layer) 2. Count new problem arise from new death (second layer) 3. Al- Jumuah. 

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1. Start with the tashih for every death  (first layer) 2. Count new problem arise from new death (second layer) 3. Al- Jumuah

Mumathilah. A woman dies leaving her husband, mother and also uncle (same mother and same father : SMF), the deceased has property of RM12 million Not yet had time to distribute the property, the husband died and left his heirs : mother and father. 

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A woman dies leaving her husband, mother and also uncle (same mother and same father : SMF), the deceased has property of RM12 million Not yet had time to distribute the property, the husband died and left his heirs : mother and father

HEIR SHARE COUNT 1 HEIR SHARE COUNT 2 AL-JAM’U X 1 X 1 6 6 3 Husband 1/2 3 Died - - - Mother 1/3 2 NH     2 Uncle (SMF) ع 1 NH     1       Father ع 2 2       Mother 1/3 1 1 FIRST LAYER SECOND LAYER

Calculation of Inheritance Case Munasakhat Mumathilah Method. 

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Calculation of Inheritance Case  Munasakhat   Mumathilah  Method

NO. HEIR AMOUNT INHERITANCE 1. Mother (First Layer) RM12 Million 6 X 2 = RM4 Million 2. Uncle (SMF) RM12 Million 6 X 1 = RM2 Million 3. Father RM12 Million 6 X 2 = RM4 Million 4. Mother (Second Layer) RM12 Million 6 X 1 = RM2 Million

Muwafiqah. A woman dies leaving her husband, mother and also uncle (same mother and same father : SMF), the deceased has property of RM12 million Not yet had time to distribute the property, the husband died and left his heirs : the mother, 2 brother same mother (BSM) & 1 brother same father (BSF). 

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A woman dies leaving her husband, mother and also uncle (same mother and same father : SMF), the deceased has property of RM12 million Not yet had time to distribute the property, the husband died and left his heirs :  the mother,  2 brother same mother (BSM) & 1 brother same father (BSF)

HEIR   SHARE   COUNT 1 HEIR SHARE COUNT 2 AL-JAM’U X 2 X 1 12 6 6 Husband 1/2 3 Died - - - Mother 1/3 2 NH     4 Uncle (SMF) ع 1 NH     2       Mother 1/6 1 1       Brother (SM) 1/3 1 1       Brother (SM) 1 1       Brother (SF) ع 3 3 FIRST LAYER SECOND LAYER

Calculation of Inheritance Case Munasakhat Muwafiqah Method. 

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Calculation of Inheritance Case  Munasakhat   Muwafiqah  Method

NO. HEIR AMOUNT INHERITANCE 1. Mother (First Layer) RM12 Million 12 X 4 = RM4 Million 2. Uncle (SMF) RM12 Million 12 X 2 = RM2 Million 3. Mother (Second Layer) RM12 Million 12 X 1 = RM1 Million 4. Brother (SM) RM12 Million 12 X 1 = RM1 Million 5. Brother (SM) RM12 Million 12 X 1 = RM1 Million 6. Brother (SF) RM12 Million 12 X 3 = RM3 Million

Mubayinah. A woman dies leaving her husband, mother and also uncle (same mother and same father : SMF), the deceased has property of RM60 Million.Not yet had time to distribute the property, the husband died and left his heirs : 1 daughter & 5 brother same father and same mother (BSMF). 

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A woman dies leaving her husband, mother and also uncle (same mother and same father : SMF), the deceased has property of  RM60  Million.Not   yet had time to distribute the property, the husband died and left his heirs :  1 daughter & 5 brother same father and same mother (BSMF)

HEIR   SHARE   COUNT 1 HEIR SHARE COUNT 2 AL-JAM’U X 10 X 3 60 6 2 X 5 = 10 Husband 1/2 3 Died - - - Mother 1/3 2 NH     20 Uncle (SMF) ع 1 NH     10       Daughter 1/2 5 15       Brother (SMF) ع 1 3       Brother (SMF) 1 3       Brother (SMF) 1 3       Brother (SMF) 1 3       Brother (SMF) 1 3 FIRST LAYER SECOND LAYER

Calculation of Inheritance Case Munasakhat Mubayinah Method. 

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Calculation of Inheritance Case  Munasakhat   Mubayinah  Method

NO. HEIR AMOUNT INHERITANCE 1. Mother (First Layer) RM60 Million 60 X 20 = RM20 Million 2. Uncle (SMF) RM60 Million 60 X 10 = RM10 Million 3. Daughter RM60 Million 60 X 15 = RM15 Million 4. Brother (SMF) RM60 Million 60 X 3 = RM3 Million 5. Brother (SMF) RM60 Million 60 X 3 = RM3 Million 6. Brother (SMF) RM60 Million 60 X 3 = RM3 Million 7. Brother (SMF) RM60 Million 60 X 3 = RM3 Million 8. Brother (SMF) RM60 Million 60 X 3 = RM3 Million

Between RM70 billion and RM90 billion in assets in the country have been frozen as of 2020. 

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Between RM70 billion and RM90 billion in assets in the country have been frozen as of 2020

R easons  that have caused the inheritances to be unclaimed include disagreements among the heirs and a lack of time and finances by the heirs to handle the management of their  inheritance

06   IMPACT OF NEGLECTING THE MUNASAKHAT KNOWLEDGE

Cara Paung
Berkesan
W•.aøkan Harta
•g maut ditetak adik
uh rebut harta pusaka
h berebut tana", Maut selep
'n putus ditetak
rakaful jamin nasib waris
LJHÄRTATERBE)
RM40b
harta tak
dituntut
HARTA
RM70 BILION
TERGANTUNG
pusak" (vang Melan. *'gal dkuirkan
akilxlt m•rtulahun sesanua u aris
RM42b harta
eoti
Harta pusaka
tertunggak R
2Ø4
2011
N13
RM15Won
Russ eon
Rue eason
RM42B&n
R"52Bauon
70 BILLION HARTA PUSAKA
GAGAL DICAIRKAN
nuqudnabawi.com

Open more opportunities for Malaysians to be knowledgeable of the Islamic laws on inheritance. 

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Open more  opportunities for Malaysians to be knowledgeable of the Islamic laws on inheritance

Management property:  the Islamic estate planning company like As  Salihin  Trustee  Berhad  and  Wasiyyah  Shoppe

WASIWAHSHO?PF,
RANCANG HARTA DAN URUS PUSAKA
KINI
TEPAT & MUDAH

CONCLUSION. Islam has provided a solution to the issue of layered death. The thing that needs to be done now is to change the attitude of the heirs to complete the distribution process at an immediate rate so that the implementation of the distribution runs smoothly . Occurrence of death in layers from one stage to the next, will complicate the implementation of the distribution of the estate. A part from orderly estate planning among Muslims, the need for a trustworthy and efficient administrator is also crucial to solve the arise issue in Islamic inheritance.. 

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Islam has provided a solution to the issue of layered  death.  The thing that needs to be done now is to change the attitude of the heirs to complete the distribution process at an immediate rate so that the implementation of the distribution runs smoothly . Occurrence  of death in layers from one stage to the next,  will  complicate the implementation of the distribution of the  estate.  A part  from orderly estate planning among  Muslims, the  need for a trustworthy and efficient administrator is also  crucial to solve the arise issue in Islamic inheritance.