Harta Pusaka, bauitulmal and my father's conviction (Lia)

Continuing from my other half entree, I would like to share a story or rather an incident related  by my beloved father. You can also call it a case that happened many years ago, possibly before I was born or may be I was very little then. My father told us  a few times  but we never asked  about the time frame.  What sticked with me all these years is the magnitude of his sacrifice for what he believed in. He was jailed for defending his principles and the cause he believed in.
This is about the harta pusaka ..Here is the story.... My late auntie, who I called Maktuo Siti was an only child, a widow and a sigle parent.  When her parents passed on they left her a house and a piece of land where the house was built and a small orchard. Being a single parent, she was trying to make ends meet and raising a few young children. The orchard was her only source of income. At least she owned a orchard or so she thought, until she found out that she has to divide her property (the land) with Baitulmal because she was a female and no male sibling.  Apparently there is a ruling that Baitulmal will get a share in the property left by female deceased who has no male sibling. My father protested vehemently, arguing against the unfairness of the ruling. He went to debate it with the Kadhi and was later sent to jailed for four days. Fortunately, his sacrifice and heroic act was paid off when Baitulmal decided to withdraw all its claim on the property. I did not know how my father did it or what was his argument. So all the the properties remained with my Maktuo Siti, which later, had been passed down  to her daughter, Kak Minah. I know very few among of us have the same  "keberanian" my father had...though uneducated, he was intelligent enough to know ones right and to stand up against  injustice in front of his eyes.

The same thing happened to my nieces when my sister in law passed away before she had time to transfer the property to her children. As Adnan mentioned in the previous posting, the poor girls had to pay Baitulmal to get their rightful heritage fully. But if  there were  male "waris", Faraid rulings will ensure that the property remain theirs fully without the state or Baitulmal put its claim.

So my honest advice to parents who own property / share or whatever please leave  a will or transfer the ownership to your children or siblings, parents or whoever that you want to leave it to,  to avoid the complication  as experienced by Pakcik Man of Taman Tun Sardon, Gelugor , Pulau Pinang. Better still divide whatever harta you have equally to all children while you're still breathing.