Analysis of The Solution to The Division of Muslims' Small Estates by Consensus in Johor Bahru

Abstract

Malaysians still underestimate the management of inheritance distribution. This can be seen every year in the newspapers about the issue of freeze inheritance which has now reached almost RM90 billion in unclaimed real estate value. Another critical problem is when there is a mandatory understanding or belief in the settlement of the faraid method among the heirs. There is nothing wrong if you want to stick to the faraid method, but if there are circumstances that limit the faraid solution, then the consensus mechanism needs to be organized as one of the alternative methods. The Muslim community needs to be cautious and aware in understanding Islamic inheritance law holistically to help shape and organize the best inheritance solution. Therefore, this article aims to discuss the extent to which the consensus method is applied in the Inheritance Division Unit of South Johor, Johor Bahru (UPPJS), and how the concept and factors of this consensus are formed. The research methodology is qualitative. The collection of research data resulted from the analysis of documents and interviews and then analyzed inductively and thematically. The results of the study found that the selection of this consensus resulted from the forms of property settlement agreed upon among the heirs and the majority of the forms by “hand over the share” became the highest primary choice compared to the choice of other forms. The implications of choosing a consensus method not only help resolve the division of property but also guarantee family harmony.