Pertimbangan Antara Maslahat Awam dan Peribadi Berdasarkan Sunnah Nabawiyyah: Aplikasi Terhadap Pengagihan Faraid Melalui Kaedah al-Radd di Malaysia

Consideration Between Public and Private Interest Based on the Prophetic Sunnah: Application to the Distribution of Inheritance (Faraid) Through the Method of al-Radd in Malaysia

Abstract

Sunnah is one of the foundations in making considerations between public interest and specific interest in the determination of fatwas or legal decisions. In certain situations, there are instances where conflict arises between public and specific interests, requiring careful consideration to determine which interest should take precedence. Among the issues that require such consideration is the method of al-radd in the distribution of faraid (inheritance) in specific situations, particularly in Malaysia. Therefore, this study aims to explain the considerations considered based on the Sunnah in determining whether public or specific interest should be prioritized when such a conflict occurs. The focus is on the issue of the al-radd method in the distribution of inheritance, based on fiqh principles related to determining which interest should prevail. To achieve this objective, the study employs a qualitative method by collecting data through library research. Data analysis focuses on arguments that can guide the consideration between public and specific interests, particularly in the issue of the al-radd method. The findings of the study indicate that public interest will be prioritized when it conflicts with specific interest, but under certain conditions. However, there are exceptions in specific situations where specific interest is prioritized over public interest. In the case of the al-radd method, if the remaining estate is returned to the heirs, it does not significantly affect public interest. Thus, through the al-radd method, in certain cases, the welfare of the heirs can be preserved without neglecting public interest.