An analysis on the wasiyyah muslim property in Malaysia
When a person dies, all assets under his name will be frozen and cannot be transacted. The consequences are that, from legal perspective, the deceased assets can only be transacted when his personal representative applies to a letter of representation from the Civil High Court. In Malaysia, a per...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
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Universiti oF Malaya
2019
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| Online Access: | https://repo.uum.edu.my/id/eprint/26930/1/OJRIS%206%202019%201%205.pdf |
| _version_ | 1803629217065205760 |
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| author | Mohd Noor, Nor Adila Mahamood, Siti Mashitoh Mohd Noor, Nor Azlina Ismail, Che Zuina |
| author_facet | Mohd Noor, Nor Adila Mahamood, Siti Mashitoh Mohd Noor, Nor Azlina Ismail, Che Zuina |
| author_sort | Mohd Noor, Nor Adila |
| collection | UUM |
| description | When a person dies, all assets under his name will be frozen and cannot be transacted. The
consequences are that, from legal perspective, the deceased assets can only be transacted when
his personal representative applies to a letter of representation from the Civil High Court. In
Malaysia, a person may die testate or intestate. The former means that the person who died
leaving a will and the latter means that the person who died without leaving any testamentary
document resulted to the operation of law of intestacy to Non-Muslim and law of Faraid to the
Muslim. This article will deliberate on the current law Muslim testate succession in Malaysia.
This article adopts the doctrinal analysis by examining the existing primary and secondary
materials gathered from multiple sources including statutory, and case law. This article concludes that there is still lacuna in the law regarding Muslim testate estate. This article acknowledges that the law relating to inheritance in Malaysia is divided into two namely substantive law according to the religion of deceased and procedural law which under the purview of federal statutes. If the Syariah High Court is serious to regulate the Muslim testate matters, each and every state legislature in West Malaysia must legislate a written law on
Muslim testate succession. |
| first_indexed | 2024-07-04T06:34:20Z |
| format | Article |
| id | uum-26930 |
| institution | Universiti Utara Malaysia |
| language | English |
| last_indexed | 2024-07-04T06:34:20Z |
| publishDate | 2019 |
| publisher | Universiti oF Malaya |
| record_format | dspace |
| spelling | uum-269302020-03-19T06:44:17Z https://repo.uum.edu.my/id/eprint/26930/ An analysis on the wasiyyah muslim property in Malaysia Mohd Noor, Nor Adila Mahamood, Siti Mashitoh Mohd Noor, Nor Azlina Ismail, Che Zuina KZ Law of Nations When a person dies, all assets under his name will be frozen and cannot be transacted. The consequences are that, from legal perspective, the deceased assets can only be transacted when his personal representative applies to a letter of representation from the Civil High Court. In Malaysia, a person may die testate or intestate. The former means that the person who died leaving a will and the latter means that the person who died without leaving any testamentary document resulted to the operation of law of intestacy to Non-Muslim and law of Faraid to the Muslim. This article will deliberate on the current law Muslim testate succession in Malaysia. This article adopts the doctrinal analysis by examining the existing primary and secondary materials gathered from multiple sources including statutory, and case law. This article concludes that there is still lacuna in the law regarding Muslim testate estate. This article acknowledges that the law relating to inheritance in Malaysia is divided into two namely substantive law according to the religion of deceased and procedural law which under the purview of federal statutes. If the Syariah High Court is serious to regulate the Muslim testate matters, each and every state legislature in West Malaysia must legislate a written law on Muslim testate succession. Universiti oF Malaya 2019 Article PeerReviewed application/pdf en https://repo.uum.edu.my/id/eprint/26930/1/OJRIS%206%202019%201%205.pdf Mohd Noor, Nor Adila and Mahamood, Siti Mashitoh and Mohd Noor, Nor Azlina and Ismail, Che Zuina (2019) An analysis on the wasiyyah muslim property in Malaysia. Online Journal of Research in Islamic Studies, 6 (SI). pp. 1-5. ISSN 2289-6821 https://ejournal.um.edu.my/index.php/RIS/article/view/20732 doi:10.15405/epsbs.2018.12.03.84 doi:10.15405/epsbs.2018.12.03.84 |
| spellingShingle | KZ Law of Nations Mohd Noor, Nor Adila Mahamood, Siti Mashitoh Mohd Noor, Nor Azlina Ismail, Che Zuina An analysis on the wasiyyah muslim property in Malaysia |
| title | An analysis on the wasiyyah muslim property in Malaysia |
| title_full | An analysis on the wasiyyah muslim property in Malaysia |
| title_fullStr | An analysis on the wasiyyah muslim property in Malaysia |
| title_full_unstemmed | An analysis on the wasiyyah muslim property in Malaysia |
| title_short | An analysis on the wasiyyah muslim property in Malaysia |
| title_sort | analysis on the wasiyyah muslim property in malaysia |
| topic | KZ Law of Nations |
| url | https://repo.uum.edu.my/id/eprint/26930/1/OJRIS%206%202019%201%205.pdf |
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