Do Not Let Property Continue To Freeze
Frozen Property is the property which is still detained from any transaction or in the matter of distribution of the property to the heirs after the death of the property owner until the perfect administrative process is carried out. Frozen Property is an issue that our country is facing, and the situation is deteriorating.
In 2004, the value of Frozen Property in our country was estimated at 15 billion ringgit. Unfortunately, the number of frozen properties is increasing every year until January 2020, and the media states that the number has reached 70 billion ringgit! This situation concludes that over the past 16 years, the total value of Frozen Property on average has increased by 3.44 billion ringgit per year.
Although the figures stated by the media may not be accurate, the issue of Frozen Property is a problem that should not be taken easily. What is more, in terms of sharia, matters involving property will be questioned in the hereafter. Regardless of a person’s position, whether as property owner or as beneficiary, or perhaps as a trustee of property left by a property owner after his or her death, everyone will be asked about the responsibilities that they have while living in the world.
Furthermore, in discussing the issue of Frozen Property, almost all professional in this industry, has the same voice when raising the causes that lead to an increase in Frozen Property in the country, especially in managing property for deceased owners. Among them are: the heirs do not have knowledge related to the process in making a claim; high cost of management; the heirs have no consensus; heirs have no allocation of time; and procrastinate in managing the property.
Inadequate knowledge in managing property can be seen as the most significant cause of this problem. With the relevant knowledge, a person can be considered to be halfway in managing the property. That basic knowledge of course includes knowing the law and sharia principles in property management even at a minimal level. From this point on, one will find a way to manage the property because this knowledge can basically create awareness in carrying out the responsibilities.
Starting with this knowledge, usually one will have the awareness and understanding that acting earlier is a wise action as this will prevent any issues from arising when he dies. This means that a wise property owner will not leave his property alone, even the property is managed properly while he is still alive, healthy and sane. Such wisdom can also of course avoid the causes that result in property being managed slowly and late.
Wise property management also means that the property owned can be distributed to those who are eligible whether to family members or not, and property rights can be fulfilled perfectly. Indirectly it can also prevent the property from freezing and cannot be utilized.
The impact of property management in a broader context or scope will guarantee things like this, namely, ensuring property circulates and moves vigorously in various sectors of life so as to enable the expansion of property and its widespread and comprehensive use; as well as stimulates economy activity and it can expand the circulation of property so that it can be enjoyed by the community fairly.
Managing family property effectively is like preparing a shelter. Rain is inevitable destiny, but with a shelter, it can protect anybody from rain, which means that the welfare of those left behind will continue to be protected.
Moreover, if a property owner has the following situation: does not have a son whose position will (according to sharia law) spend the rest of the inheritance; has no children; only has adopted children; has a special child or bedridden child; and has children under the age of 18, some of which require a trustee.
In this case, every individual property owner will not know the time of his death; situations that may reduce his ability as a healthy and normal person; as well as any incidents or changes that could cause mental disability. In this case, the Prophet SAW advised to:
“Take benefit of five before five: your youth before your old age: your health before your sickness; your wealth before your poverty; your free time before you are busy, and your life before your death” (Narrated by Ibn Abbas RA and reported by al-Hakim).
Although the relevant knowledge is the main key to this problem, but based on the author’s observation, the necessary knowledge of the Muslim community in Malaysia is still not encouraging enough. Some have even heard of the terms hibah (gift), wasiat (will) and even faraid (Islamic law of inheritance), but the available knowledge is not enough in terms of how these property management instruments work. This situation needs to be taken into account by all parties so that the knowledge of our society can be enhanced. Our hope is that as society’s understanding increases over time, problems related to frozen property can be reduced.
As an institution that is concerned about this problem, IKIM has been and is actively working to spread understanding and guidance to the public to improve understanding and skills in property management.
