THE Pahang regent revealed last Ramadan that an estimated RM 66.6 billion worth of assets remain unclaimed or tied up in Islamic probates. That includes nearly RM2 billion in cash, as well as titles to more than one million plots of land and other properties.

Even with today’s devalued ringgit, that is a huge sum. It exceeds the estimated liabilities of that monster 1Malaysia Development Bhd, and would fund a quarter of the annual federal budget. Yet, the regent’s revelation was a yawner – it triggered no reaction. At September’s Congress on the Future of Bumiputeras, not a word was uttered on the matter.

The regent, too, felt that his duty was done merely by bringing up the issue. He did not feel it was necessary to consult his fellow sultans in the Council of Rulers, or convene a body of experts to pursue the matter.

Bank Negara Malaysia was silent as well, likewise, Muslim intellectuals and economists. They are too busy arguing about ribaa.

Meanwhile, the ulama are consumed with estimating how many virgins a Muslim man would get in the Hereafter for fasting beyond Ramadan. No mention of the comparable rewards for a Muslimah! In their endless sermons on death, rarely a word is mentioned on the importance of preparing oneself, and thus, one’s loved ones, for this final inevitable moment. The word “will”, or insurance, for example, is not in the ulama’s vocabulary.

Yet, today’s headlines scream of families being torn apart due to squabbles over the assets of their deceased loved ones. The latest is over the multibillion-ringgit estate of the late Jamaluddin Jarjis, pitting his mother against his wife. Other cases have split siblings, and reignited fights among wives and ex-wives.

As a morbid thought, the intricate links and hidden assets related to 1MDB would be exposed much faster if Najib Razak were to die tomorrow. The inevitable ensuing squabbles among his survivors would reveal much not only about his assets, but also his family.

Prophetic tradition has it (approximately rendered) that we should prepare our life as if we would live forever… and as if we would die tomorrow.

Despite that sage advice, I have yet to hear an ulama counsel his congregation to have a will or adequate life insurance. Instead, they all urge us to go for haj or umrah “before it is too late”. Muslims would do more good to themselves, and their families and community if they use their scarce resources to create a will, have adequate life insurance and save for their children’s education before even contemplating performing the haj.

Think of the divisions and heartaches endured by surviving family members over assets trapped in probates. I do not know of the fate of those in the Hereafter, but their survivors are surely enduring a hellish existence in this world.

This inheritance mess reflects only one of the many failures of Islamic institutions. Muslims are consumed with reliving our supposedly glorious past rather than making serious efforts to address current challenges. Islamic schools are another tragic example.

In his book The Long Divergence, Duke University economist Timur Kuran concludes that it is precisely this failure of Islamic institutions to adapt that accounts for the current backwardness of the Middle East.

Islamic inheritance laws may be more just (albeit with the daughter getting only half the son’s share) compared to those of mediaeval Christians (where the eldest son gets to inherit all), but it is bad for economic development because of the subsequent fragmentation of the estate.

The West continues with its innovations, foremost being the concept of limited liability corporation, where the estate would not only remain intact, but could continue its normal operations upon the death of its proprietor.

Islam, on the other hand, considers innovation (bida’a) a deadly sin. Islam has a comparable concept of the company – waqaf (endowment) – but it has not kept up with the inevitable changes in society. A land “waqafed” to be a school must remain so even though it is now in the middle of an industrial area or there is little need for it now that the state provides funding for schools.

Then consider Kg Baru, the blighted Malay settlement in the shadow of the iconic Petronas Twin Towers. Attempts to develop this eyesore, despite being well funded, have failed. What is needed is not financial capital, but intellectual resources to untangle the inheritance mess. Just to ascertain ownership of the land is a challenge. Then, you would have to get all the descendants to agree to a development plan!

When Abdul Razak Hussein launched his landmark Felda rural development scheme, he was very much aware of this potential Muslim inheritance quagmire. Thus, he stipulated that Felda land be inherited by only one son (or daughter) to avoid fragmentation. The surprise was the lack of howling protests from the ulama.

Today, no Malay leader is courageous enough to challenge the ulama class, even when they stray outside their field of expertise, as in politics (think of the many loony ideas of our ulama-politicians) and public health (consider their views on child brides). In economics, a field in which they have minimal understanding, let alone expertise, they have final say on what are halal or haram transactions, despite not comprehending economic concepts.

The stranglehold the ulama class has on the individual Malay mind and collectively, Malay society, remains the ummah’s greatest challenge. The billions in unclaimed inheritance assets are but only the symptoms. – December 17, 2018.

* M. Bakri Musa reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.