Distribution of Estate in Islamic Law: A Case Study of Missing Person, Child in the Womb and Hermaphrodite

Abstract

The law of inheritance is associated with calculation and distribution of property of the deceased person. Furthermore, the law prescribes and clarifies who is entitled to inherit; to avoid feuds over the estate of the deceased person. The primary objective of this study is to explore steps of estate distribution and calculating shares of heirs on issues pertaining cases of Mafqud (Missing person), Hamli (Child in the womb) and Hermaphrodite (Khuntha). The science of inheritance involves rules and principle governing the distribution of property using a specific calculation based on Islamic jurisprudence. Besides, the results showed that Muslim Jurists have developed Mathematical formulas on Islamic inheritance to avoid misappropriation of property and guarantees that the right person gets what is rightfully theirs, it also prevents disputes and hostility among family members. The researcher uses the descriptive research method in terms of data collection and relied on information for the literature review.