The Islamic law of succession: it's position under the Malaysian legal system
In Malaysia, the Islamic law of succession has been practiced even before colonial times. There are, however, various restrictions on its application after Malaysia's Independence Day, particularly in the case of probate and estate administration. The Federal Constitution recognises the applic...
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| Main Authors: | , |
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| Format: | Book Chapter |
| Language: | English |
| Published: |
Penerbit Lakeisha
2024
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/115833/7/115833_The%20Islamic%20law%20of%20succession%20it%27s%20position%20under%20the%20Malaysian%20legal%20system.pdf http://irep.iium.edu.my/115833/ |
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| Summary: | In Malaysia, the Islamic law of succession has been practiced even before colonial times. There are, however, various restrictions on its application after Malaysia's Independence Day, particularly in the case of probate and estate administration. The Federal Constitution recognises the application of Islamic law, but only in relation to family law issues including marriage, divorce, testate and intestate succession, and some associated Islamic crimes. The Muslim law of succession as applied in Malaysia is a conglomeration of two distinct systems, the Islamic law and the Malay customary laws. This study will examine and discuss the past and the present position of the Islamic law under the Malaysian legal system. It will elaborate that the inheritance law applicable to Muslims in Malaysia is a state matter and the Shari‘ah High Court are given jurisdiction to hear and determine the cases related to the distribution of the estate of the Muslim deceased. A few years ago, many reforms have been introduced to develop the status of the Muslim law of inheritance as in the case of the insurance and nominations. In conclusion, Islamic law of succession has been applied and practised by the Muslims but not in the administration and settlement of the deceased estates which is based on the English law. In this body of legal rules, we can see that the scope of the Islamic law is restricted; it is considerably curtailed by secular laws. |
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