THE RELIABILITY OF AL-MAFQUD LIFE DETERMINATION PERIOD BASED ON THE PHYSICAL AND HEALTH ASPECTS Department of Real Estate Fakulty of Business and Technology Management Universiti Tun Hussein Onn Malaysia
THE BEST ORAL PRESENTER AWARD 5 TH NHS 2016 THE RELIABILITY OF AL-MAFQUD LIFE DETERMINATION PERIOD BASED ON THE PHYSICAL AND HEALTH ASPECTS Mariyatul Qibtiyah Mohamad1, Noralfishah Sulaiman2 1Ph.D. Student, Department of Real Estate, Faculty of Business and Technology Management, Universiti Tun Hussein Onn Malaysia, Johor, Malaysia. 2Senior Lecturer, Kanzu Research, Department of Real Estate, Faculty of Business and Technology Management, Universiti Tun Hussein Onn Malaysia, Johor, Malaysia. Background: al mafqud means the missing person. This study will discuss a patient that might be as almafqud and have high possibility to live rather than death. The main point is about the determination of the lifespan of the patient involved either it will last until four years or lessor. The reliability of waiting period should be re-determined in order to manage the case easily and help the al-mafqud heirs settle any matters that related to al-mafqud such as the al-mafqud property, will, grant, debt and others manageable. Objective: In this study, the waiting period of al-mafqud is investigated based on their health report. Methodology: This study used qualitative analysis. Data collected are based on case study and document analysis. The selected document including the Quran, Hadeeth, Qiyas (opinion based on four Sects), newspaper collection about al-mafqud cases and related article. Results: The determination period of al-mafqud status is about a year. After a year, if the victim is confirmed the status of al-mafqud, there were four years waiting period in minimum and could be seven years after the flattery application (if any). The period is to wait the al-mafqud who has possible return is high based on the reason of missing. The law involved is Shariah Court only especially for marital cases. The waiting period determination is based on peers and also a statement by Prophet Muhammad about his ummah life expectancy of the major community. Conclusion: Al-mafqud who has critical disease is highly recommended to lower the waiting period number of year, Keywords: Reliability, al-mafqud life determination period, physical and health aspect, medical report
(2) Background 1) Al-mafqud means the missing person (Abdullah, 2014). 2) This study will discuss the missing person that is considered as almafqud and have a high possibility to live rather than death. 3) The main point is to determine the lifespan of the al-mafqud involved it would last p to four years or shorter. 4) The reliability of waiting period for al-mafqud patients should be re-determined in order to manage the case easily and this can help the al-mafqud heirs to settle any matters relating to almafqud patient such as his/her property, will, grant, debt and others manageable. This specially important to the al-mafqud patiens who has problem with their physical and health whereby their live expectancy period should be assessed efficiently.
(3) Motivation 1) This research is trying to encourage medical expert to participate towards the al-mafqud life determination period by giving the Letter of Confirmation of Health Record to the al-mafqud heirs in order to shorten the waiting period for al-mafqud. This will also shorten the process of issuing the Letter of Presumption of Death to the al-mafqud from the Syariah Court 2) Medical expert should increase their participation through its in expecting medical researcher human lifespan and reliability of al-mafqud life determination period based on humans physical and health aspects 3) This study is important because it can reduce the postponed cases which later will faster the process of returning back the unclaimed property to the right owner/heirs, managing the inheritance procedure quickly and suggesting for the new approach to improve the future procedure for the al-mafqud law 4) This study will help Muslims society in Malaysia to reduce future problems in managing the al-mafqud property.
(4) Problem Statement 1 1) There are about RM56.6 billion al-mafqud property unclaimed in Malaysia 2) These properties were frozen by the Malaysian authority 3) On the top of that a lot of faraid cases were postponed because the al-mafqud were still missing.
(5) Problem Statement 2 1) The waiting period of al-mafqud status by the Islamic Family Law Administrative Enactment 1991 is four years minimum and 7 years maximum 2) There is lack of attempt being made by researchers or medical researchers to study the reliability of al-mafqud life determination period 3) Physical and health aspects are not being taken so far as factors that can reduce the declaration of presumed death.
(6) Problem Statement 3 1) The relationship between the physical and health aspects and expectation of human lifespan was not intensively discussed by many scholars and researches specifically 2) The suggestion of reducing the waiting period of al-mafqud status should be assisted by the medical expert following the requirement as stated in Islamic Family Law Administrative Enactment 1991 3) Also there is no specific online recorded from Ministry of Health that really record individual health and physical status. No record means the poor health and physical data are not linked with almafqud.
(7) Problem Statement 4 1) The reliability of al-mafqud life determination period should taken into account the physical and health aspects 2) The waiting period of al-mafqud status might be shorter if almafquds are having critical health problem and poor physical status 3) There is no urge by medical expertise to consider this to assist court decision in shortening the declaration of presumed death 4) There is no precise procedure which linked medical report with the declaration of presumed death for al-mafqud in Malaysia particularly
(8) Main Objective 1) Investigating al-mafqud declaration of presumption death based on their health and physical status (i) Sub-Objective 1) Minimize the presumed death period of al-mafqud who has physical and health problem; 2) Classification of patient lifespan based on their illness; 3) Effort towards linking hospital report with the court by producing the Letter of Confirmation of Health Record 4) The Letter of Confirmation of Health Record should be made compulsory by law before applying Letter for Presumption of Death court 5) Participation by medical expertise are needed by Malaysian Muslims to ease the process of managing al-mafqud s property/inheritances.
(9) Methodology Qualitative Analysis Data Collection Case Study Document Analysis Scope of Delimination Al-Mafqud Al-Quran Hadeeth Qiyas Newspapers Related Articles Malaysia
(10) Result and Discussion 1 1) Most of obstacles found in dealing with al-mafqud property is, there is no legal authority that allows others to manage the al-mafqud property in the waiting period of al-mafqud status 2) There are about RM56.6 billion unclaimed in Malaysia and the property cannot be process since it is freeze by the authority 3) There are a lot of cases postponed because of the waiting period unless there were an application from the heirs because of emergency reasons 4) The associated problem is the waiting period is not taking into account almafqud physical and health aspects 5) Thus, all of this problems might effect the economic potential in Malaysia as the cases can not be settled quickly/faster
(11) Result and Discussion 2 1) The determination period of al-mafqud status is about a year. After a year, if the victim was confirmed as an al-mafqud (if the posibility to live is higher than death based on the situation happened), there were four years waiting period in minimum and could be seven years after the flattery application (if any). 2) The period is to wait for the al-mafqud who has possible return is high based on the reason of missing. The waiting period determination is based on peers and also a statement by the Prophet Muhammad about his ummah life expectancy of the major community (60-70 years old).
(12) Result and Discussion 3 1) Figure 1 explains suggestion of shortening the lifespan of al-mafqud if they are having 3 most common disease consists of heart problem, stroke and cancer 2) Those diseases will effect al-mafqud declaration of presumed death (1) Heart (2) Stroke (3) Cancer (1) Heart attack is at the highest level because for al-mafqud patients with heart failure who are at a serious level, have a lifespan of five years may reach the environment and these figures are almost the same as life expectancy of cancer patients (Khoo, 2013) (2) Stroke causes a greater range of disabilities than any condition and can affect walking, talking, speech, balance, co-ordination, vision, spatial awareness, swallowing, bladder control and bowel control (Approximately 20% of stroke survivors experience emotionalism in the first six months) (Stroke Statistics, 2016) (3) Cancer survivor are expected to be alive 5 years after being diagnosed with cancer (American Cancer Society, 2016) Figure 1: The Presumption of Death For Al-Mafqud Based on Their Physical and Health Aspects (Source: Researcher, 2016)
(13) Result and Discussion 4 This is the suggestion for upgrading the future procedure; (1) Get the confirmation letter on the al-mafqud physical and health aspects; Letter of Confirmation of Health Record (6) Reserved 1/3 from the property in case the victim will return (give it to the Baitulmal) with an agreement as Waqf Contract (7) Continuing with the inheritance procedure to avoid any problems within the heirs (2) Show the letter (from the hospital) to the Syariah Court (5) Quickly settled down the almafqud financial process needs such as debt, loan and others which related to others (8) Confirmed the marital status if there were any new marriage or others (3) Get the Letter of Declaration of Presumed Death for the al-mafqud from the Syariah Court (4) Check all the al-mafqud financial statements and property owned by al-mafqud (9) If al-mafqud was coming back after the waiting period, he could go to the Baitulmal to get back his rights (1/3 reserved) Chart 2: The Suggestion Flow of Procedure Participated by Medical Institution (Source: Researcher, 2016)
(14) Conclusion 1) This research trying to suggest that health and physical status should be considered in determining declaration of presumed death of al-mafqud; 2) The issuance of declaration of presumed death can be more accurate and faster if the al-mafqud having a lot of health issues; 3) The poorer health and physical status of the al-mafqud means the lesser the period of waiting to settle the cases of unclaimed inheritance; 4) This would help the al-mafqud s heirs to proceed with the faraid process faster and earlier; 5) This suggestions will give win-win situation for the al-mafqud, al-mafqud heirs, the courts, the Baitulmal and Malaysian economic liquidity specifically for Muslims benefits through the agreement of Waqf Contract
(15) Suggestion for Future Study 1) Medical researcher should participate in integrating medical research with the process of determining declaration of presumed death of al-mafqud; 2) Generalisation of 4 to 7 years can be shorten if the record on individual health and physical status is well managed and integrated.
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