Administration of small estate distribution: factors contributing to delay of distribution of immovable property in islamic inheritance in Kedah

Islamic inheritance known as faraid playing a crucial role in ensuring fair transfer of a deceased Muslim estate to the rightful heirs based on Shariah law. The majority of Muslims encounter significant challenges when attempting to assert their rights particularly in the distribution of immovable properties. Muslims are increasingly dealing with unclaimed inheritances and frozen assets. With almost 100 billion ringgits in unclaimed estate, Kedah has the most arrears with 13,423 instances, underlining the seriousness of the issue. The aim of this research is to explore the factors contributing to delay in Islamic inheritance distribution in Kedah which specifically focus on immovable property for small estates category. A qualitative research design was employed, using semi-structured interviews with Administrative Assistants and Estate Distribution Officers from the Department of General of Land and Mines (JKPTG) a department that manage a small estate in Malaysia which oversees small estate matters. The finding acknowledges that, lack of knowledge and understanding, unawareness of heirs on processes and procedures to follow, unwillingness to cooperate between heirs involved, administration and distribution process, high cost and required many procedures contribute to the factor. These factors significantly contribute to negative religious, economic, and legal impact. Considering the above, the study recommends enhancing public awareness, verifying heir eligibility, offering mediation, digitising records, updating policies, and providing financial aid to improve the fairness, inclusivity, and efficiency of Malaysia’s Islamic inheritance system.