Allah SWT has legislated the distribution of inheritance to the heirs of the deceased through the faraid method.

Nevertheless, if the heirs are aware of their rights under faraid, they are still given the option to choose the

Lands and Mines Kuala Terengganu in 2018. A total of 753 cases were recorded and only 483 cases met the

criteria for analysis. The obtained data were analyzed through mapping using Geographic Information System

(GIS) software to ascertain the patterns of preference among Muslims in choosing inheritance distribution

methods in Kuala Terengganu. The study concludes that the Muslim community in Kuala Terengganu is more

inclined to choose the consensus (kesepakatan) method compared to faraid and takharuj as their inheritance

Some Muslim communities in Malaysia today are observed to neglect inheritance distribution claims due to a

lack of understanding regarding the distribution methods. Some downplay the faraid method of distribution due

In reality, Islamic law (sharia) serves as a solution to human problems, not to complicate existing ones. In this

regard, the faraid system does not stand alone; there are other mechanisms that can be used to transfer the

deceased's ownership to heirs if they meet the stipulated conditions and do not contradict the legislation of faraid

by Allah SWT. According to Mohd Khairy (2016), the practice of faraid distribution in Malaysia for deceased

Muslims involves three possible methods: faraid, consensus (kesepakatan), and takharuj. The consensus

(kesepakatan) method of distribution is through an agreement among heirs. This distribution can be in the form

of dividing property equally based on specific lots or giving certain heirs a larger share, such as to the mother or

sisters (Sulong, 2011). Distribution by consensus (kesepakatan) can be implemented when all heirs have met the

of ownership, in certain situations, inheritance distribution methods such as consensus (kesepakatan), takharuj,

Therefore, generally, Muslims in Malaysia can choose an appropriate method for distributing inheritance without

disregarding the rulings of faraid. The tendency of Muslims to choose inheritance distribution methods warrants

examination. This is to observe the patterns of inheritance management practiced today and its correlation with

public knowledge of faraid. If the Muslim community cannot efficiently manage their inherited property, it is

feared that some heirs may be oppressed by not receiving their share of the inheritance. Furthermore, if this

management is not carried out properly, the rights of women will not be protected, even though Allah S.W.T. has

stipulated their rights in faraid law (Sulong, 2006). To obtain accuracy regarding public tendencies in choosing

inheritance distribution methods, location mapping is employed. Accordingly, Geographic Information System

The legislation of inheritance distribution in Islam has gone through four phases of development: inheritance

through kinship and hijrah, inheritance by will, general inheritance rights for men and women, and the final

phase being the clear determination of shares for entitled heirs (Mohd Ali & Basri Ibrahim, 2018). In the final

phase, the determination of heirs and their inheritance shares was conclusively established by Allah SWT in the

Quran through the revelation of Surah An-Nisa’ verses 11–12 and 176. Since then, Muslims have accepted this

decree as the method for distributing inherited property to heirs, replacing the methods used during the Jahiliyyah

According to Noresah et al. (2010), inherited property refers to all assets left behind after a person's death. It is

known as tarikah or tirkah in Arabic, meaning something left behind or something abandoned (Ibrahim Mustafa

et al., 1972). Therefore, the general meaning of inherited property is all assets left by the deceased. Muhammad

pertains to Islamic family law. This can be observed in the fiqh books of various schools of thought in early

Islam. This is because a large portion of the transfer of ownership of the deceased's property to rightful heirs is

related to marriage and birth. However, with the development of knowledge and the passage of time, ilm alfaraid

The word al-faraid originates from Arabic, denoting a plural meaning, where its singular form is alfaridah,

meaning al-mafrudah or something obligatory, or also interpreted as something whose measure has been

determined. From the perspective of Sharia, the word faraid means the shares stipulated by Sharia for the heirs

of the deceased. The distribution of inherited property is called faraid based on the words of Allah SWT in Surah

An-Nisa, which means: a portion that has been ordained (mafruda), meaning established, known, and decided

(Ibn. Hajar, 1987). According to Mustafa al-Khin et al. (1992), al-fard is a distribution whose measure has been

reasoning) of the companions, and the consensus (ijma') of scholars. The transfer of ownership from the deceased

to their heirs as inherited property occurs compulsorily (ijbari), even if the heirs do not request their share or

reject it absolutely. This means that the distribution decreed by Allah SWT for the deceased's heirs cannot be

denied, as Allah SWT has promised severe punishment for anyone who transgresses His laws. Allah has stated

It is clear here that the method of inheritance distribution in Islam is better known as faraid, in conjunction with

the determination of shares (al-fard) by Allah SWT. Upon examining the discussions on ilm al-faraid in the

writings of classical and contemporary scholars, it can be concluded that there are three main points of

discussion: the deceased's estate, the status of heirs and their rights over the deceased's property, and the

calculation methods used. Fiqh scholars have accepted this framework from the outset; therefore, discussions on

the rulings of wills (wasiat), endowments (waqf), and gifts (hibah) have been separated from faraid in the fiqh

books of various schools of thought, even though they are indirectly related to inheritance. Besides using the

term faraid, scholars also use the terms al-mirath or al-mawarith to refer to Islamic inheritance law. According

to al-Sabuni (1989), al-mirath is property inherited by rightful heirs upon the death of an heir. Before the

deceased's property can be distributed according to faraid law, the deceased's rights must first be settled, such as

paying off debts on the left property, managing the deceased's funeral, settling absolute debts, wills, and

endowments made during their lifetime that could not be completed. The obligation to distribute the deceased's

property according to faraid, and the severe threat against those who deny it, has led to a misunderstanding

among some members of the public that Muslims are not permitted at all to implement al-sulh (reconciliation)

Sulong (2008), the distribution of Muslim inheritance in Malaysia generally follows the faraid method based on

the Shafi'i school of thought. The application of the Shafi'i school for the State of Terengganu is clearly stipulated

in the Islamic Family Law Enactment (Terengganu) 2017 Article 2 (1) that ‘Sharia Law’ means Sharia Law

Sections 12 (7) and 13 (1) of the Small Estates (Distribution) Act 1955 or Act 98 state that the method of

distributing small Muslim estates in Malaysia is either according to faraid law or by consensus. This faraid

distribution, as explained above, has its shares determined by Allah SWT and is distributed to rightful heirs after

the death of an individual among family members. Distribution by consensus (sepakat) is an agreement among

heirs, fulfilling all conditions stipulated in Islam (Abdul Rahman, 2024). It is implemented through the

mechanisms of sulh, takharuj, and tanazul. In addition to the Small Estates Act, these distribution methods are

Abdul Halim, 2009). Furthermore, in certain situations, complications arise if this method is applied to

immovable property such as land. For instance, if the deceased leaves three land lots and three sons. According

to faraid distribution, each land lot must be divided among the three sons. While this distribution is fundamentally

fair to the heirs, legal difficulties will arise when individuals wish to build houses or sell the land because it is

Following these issues, an alternative for inheritance distribution to heirs has emerged through a consensus

(kesepakatan) approach via the mechanisms of sulh, takharuj, and tanazul. This is an optional method, provided

the heirs are informed and clear about their shares under faraid. It must be understood that choosing inheritance

distribution by consensus (kesepakatan) does not mean rejecting faraid, which is the law of Allah SWT, but

rather serves as a solution to overcome the distribution predicament faced by heirs. Therefore, choosing an

alternative inheritance distribution method other than faraid must be carefully considered from the perspective

of benefit (maslahah) to the heirs, while also appreciating the maqasid (objectives) or the true intent of Sharia in

inheritance distribution to meet all stipulated conditions. According to Husammuddin Affanah (2014), after heirs

know their respective faraid shares, they can choose to reach a consensus, provided that all heirs are mukallaf

(legally competent) and not prevented from managing property, such as being safih (financially incompetent) or

bankrupt; all heirs must voluntarily accept the consensus without coercion, whether physical or emotional; and

finally, the heirs must believe and acknowledge that faraid distribution from Allah SWT is the best, but choose

Consensus (kesepakatan), according to Kamus Dewan, means to deliberate, something agreed upon, negotiation,

and agreement. The consensus (kesepakatan) method of distribution can be defined as an agreement and consent

among heirs to voluntarily divide inherited property, either by distributing it equally or by splitting shares

The Takharuj method means the refusal of an heir, who has been determined to receive inherited property, to

accept that portion of the property. Through the takharuj method, heirs will withdraw and relinquish their rights

to the property without conditions of compensation or through an agreement. This method can prevent the

fragmentation of inherited property, such as land, into small, less valuable lots (Rusnadenewi Abdul Rashid et

al., 2010; Norazila Mat Hussain et al., 2013; Jasni Sulong, 2011). The evidence permitting inheritance

distribution through Takharuj is the athar (tradition) that occurred during the reign of Caliph Othman bin Affan

r.a concerning the distribution of inheritance to the wife of Abdul Rahman bin Auf r.a, namely Tumadhir bint al-

Asba’ al-Asyja’iyyah, to relinquish one-fourth of the one-eighth share of the wives in immovable property, which

was replaced with 80,000 dinars (al-Zaila’i, 1997; Wan Najmiah & Md Yazid, 2013). Takharuj aims to provide

comfort to heirs in determining their shares of inherited property after their faraid shares are known. This method

can resolve disputes over collective ownership among multiple heirs over a piece of land, as they can engage in

At first glance, there is no clear distinction between the practice of consensus (kesepakatan) and takharuj, which

but rather a willingness to accept a smaller share, such as equal distribution between brothers and sisters, whereas

takharuj may involve the relinquishment of all inheritance rights, whether those rights are compensated with