Paper Title
Scholar Disputes And Differences (Khilafiyyah) In Inheritance Distribution: Fatwa Solving In Malaysia

Abstract
Most of the Islamic inheritance laws were based on definitive text that was interpreted directly, except for in a few cases which comprised of speculative text. In the case of definitive text, most of jurists are on unanimous view upon the matter. However on speculative text, jurists were of different views among them in comprehending the Koran and realizing the traditions (sunnah) of the Prophet (pbuh). Therefore, various interpretations of the text have engendered various decisions among the scholars. In Islam, the disputes were embraced openly where scholars� opinions were acknowledged as legal contribution to the religion. As the matter of fact, the disputes among Sahaba and Islamic jurists have taken place since the early development of Islamic laws. In inheritance matters for example, there are some popular views among Sahaba such as views of Abu Bakr, Zaid ibn Thabit, Umar, Ibn Abbas, Ibn Mas�ud and Ali. The views have developed through strata of generations and were practiced by their followers throughout the continent which subsequently were adopted by school of laws such as Hanafi, Maliki, Shafi�i and Hanbali. On the contrary to the openness in contributing legal opinion, the spirit of openness was not accepted due to codification of the law. Obviously it would be difficult to implement the laws when there were many views on the platters and at the same time, only one view that should be entertained. The uniformity of law is a vital key in ensuring justice, for instance, the rights of every heir is given on par to the others. Therefore, this study is planned to investigate the codification practice in Malaysia in the midst of various views of inheritance matters. The study intends to excavate the influences of those views in the statutes and judgments. This study is a qualitative research, where data were assembled through library research and interviews. A few statutes were gathered such as state enactments, Chief Shariah Judge Circulars�, and state fatwa. In conclusion, Islamic scholars may be varied in their own opinions in order to comprehend some verses of Islamic fundamental sources. Nonetheless, they have to be more accurate on the views as well as while giving legal fatwa or codifying the law so that the application of law in fairness and impartiality could be guaranteed. Keywords- Islamic inheritance, fatwa, dispute, school of law, Malaysia