We have another big dispute in the horizon today. :-(
I’m referring to that article published by MalaysiaKini earlier today about Koperasi Angkatan Tentera’s reluctance in recognizing a Malaysian Indian lady as the rightful beneficiary of her deceased son who was a Muslim convert.
I’m sure that this particular matter would later be manipulated by some irresponsible parties, creating more hatred and misunderstanding towards Islam. :-(
First of all, I have to say that Koperasi Angkatan Tentera was not entirely wrong in their reluctance. They have some basis for standing in that position. The deceased was a Muslim, thus all of his worldly affairs that he left behind have to be scrutinized under the Islamic Law and Jurisprudence, including his inheritance.
Let me quote for you folks a well known Hadith, quote:
“Usamah bin Zaid, may Allah be pleased with him, reported:
Allah's Messenger (may peace be upon him) said: A Muslim is not entitled to inherit from a non-Muslim, and a non-Muslim is not entitled to inherit from a Muslim.”
Hadith number in Sahih Muslim [Arabic only]: 3027
That is probably why Koperasi Angkatan Tentera came up with such decision in the first place.
Some of you folks out there maybe wonder if there’s any way around it. Well, I really don’t know but perhaps there is one.
Since the matter is now under the jurisdiction of Amanah Raya Berhad, the question that Amanah Raya Berhad must ask right now is whether or not the deceased had left any will behind.
I would like to bring the attention of Amanah Raya Berhad to this Fatwa issued on the 18th of May 2001 by IslamWeb Dot Net. The Fatwa said, quote:
“It is lawful for the Muslim to make a will bequeathing his relatives who are non-Muslims provided that what he writes does not exceed the third of what he owns.
Ibn Al Qayyim said in his book "Rulings concerning Ahl Zimma: "The validity of the will made to a given Zimmi (non-Muslim who has a covenant to live among Muslims)".
Ishaq Ibn Mansoor and Abdullah Ibn Al Imam asked Imam Ahmad "Can the Muslim make a will for some non-Muslim relatives?" Imam Ahmad said: "Yes". Safiya ( may Allaah be pleased with her), one of the Prophet's wives, made a will for a Jewish relative of hers".
The story of Safiya's will was narrated by Said Ibn Mansoor in his Sunan. He said: "Sufiyan reported from Ayub from Ikrima that Safiya Bint Huyay sold her room to Muaviyah for one hundred thousand (Dirham). She had a Jewish brother. She called him to Islam, but he refused. Then she made a will for him bequeathing him a third of the hundred thousand (Dirham)".
Even if the deceased did not leave behind any will, surely Amanah Raya Berhad can find a way to resolve this amicably. Islam is all about compassion, please do not forget that. If Amanah Raya Berhad consider themselves as the administrator and executor of the deceased's estates, they mush execute the given trust with all sincerity and fairness.
Otherwise, our pathetic wolves out there once again would have another feasting day on this. I can all ready see some folks saying bad and appalling things about Islam earlier today because of this matter. :-(
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