The Entitlement of the Bayt Al-Mal to a Muslim Praepositus’ Estates; An Analysis on the Right of a Muslim to Bequeath without Obtaining a Consent from the Bayt Al-Mal
Thebayt al-malor public treasury was established during the reign of Umar al-Khattab, the second rightly-guided Caliph. It originated during the ProphetMuhammad s.a.w. time but not as an institution. Its main function isto administerwealth contributed and acquired by Muslims through various...
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| Format: | Article |
| Language: | English |
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Social Sciences Research Society
2012-01-01
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| Series: | International Journal of Social Sciences and Humanity Studies |
| Online Access: | http://www.sobiad.org/ejournals/journal_IJSS/arhieves/2012_1/mohamad_asmadi.pdf |
| Summary: | Thebayt al-malor public treasury was established during the reign of Umar al-Khattab, the second rightly-guided Caliph. It originated during the ProphetMuhammad s.a.w. time but not as an institution. Its main function isto administerwealth contributed and acquired by Muslims through various sources. Under theIslamic law of succession, thebayt al-malmay constitute a recipient of a deceasedMuslim’s estate. It would exhaust the estates after being allotted to quranic heirs,in the absence of anyasabah. A question arises in what capacity thebayt al-malreceives the property, as an heir or because of no recipient. Moreover, is a Muslimwho leaves behind no heir, allowed to bequeath all his properties to whomever hewishes without obtaining a prior consent from thebayt al-mal? This articleexamines the entitlement of thebayt al-maland the possibility of a Muslim tobequeath all his properties without the consent of the former. |
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| ISSN: | 1309-8063 1309-8063 |