Is a Nominee a Trustee or a Beneficiary? A Study on the Islamic Legal Maxim “In Contracts Effect is Given to Intention and Meaning and not Words and Forms” and Its Relevance to the Nomination Concept and Practice in the Administration of a Muslim’s Estate in Malaysia.

• Main Authors: Abdullah, Mohamad Asmadi, Arifin, Mahamad, Omar, Muhammad Naim, Mohd Napiah, Mohammad Deen
• Format: Article
• Language: English
• Published: INSI Publications 2012
• Subjects: K Law (General)
• Online Access: http://irep.iium.edu.my/28902/1/Is_aNominee.pdf; http://irep.iium.edu.my/28902/; http://www.ajbasweb.com/ajbas/2012/Special%20oct/153-159.pdf

In a sale transaction, parties to the contract are allowed to pronounce an offer using words which do not indicate a sale. He may use the word such as hibah in the offer as long as the nature of the contract is exchange. Nomination is a means to expedite the process of the administration of a dec...