'Faraid' not a cause of assets being frozen

The faraid (Islamic inheritance) system is not a factor causing the issue of unclaimed or frozen assets in the country, according to the director-general of the Institute of Islamic Understanding Malaysia (IKIM) Datin Dr Azizan Baharuddin.

She said faraid was a comprehensive and holistic inheritance system in Islam, and arguments linking the issue with the system, was not fair.

Azizan said most studies showed that the problem was contributed by various factors including lack of awareness about the importance of inheritance planning among Muslims, and their ignorance about the procedures to be followed.

"Heirs are also said to be apathetic in demanding their rights due to lack of time, high costs incurred (in the process), in addition to going through a bureaucratic process which is difficult," she said when opening a seminar on 'Faraid and Inheritance Planning: Issue of Frozen Assets in Malaysia and How to Overcome It' , here on Tuesday.

Her speech was read out by her deputy, Dr Mohd Zaidi Ismail.

Deputy Minister of Natural Resources and Environment Datuk Hamim Samuri revealed in January, that about RM60 billion worth of assets comprising homes, land and cash, remained unclaimed since Independence.

Meanwhile, former Chief Justice Tun Abdul Hamid Mohamad, who presented a paper, suggested that the government enact a law to limit the number of people who can own a piece of land to prevent land fragmentation.

"For example agricultural land one acre and below should not be owned by more than one person, if more than one, sale or division of the land according to faraid cane be done if the heirs agree.

"If the heirs do not agree or there is no buyer, ownership can be transferred to Baitulmal or a body set up by the federal government or state government which pay the market price as determined by the Land Office here said.

He said this was not in conflict with Islamic laws as it was for the good of everyone involved.