Revisiting the appointment, powers and duties of a Wasi in the administration of Muslims’ estate in Malaysia

• Main Authors: Hassan, Siti Aishah, Halim, Akmal Hidayah
• Format: Article
• Language: English
• Published: Lexis Nexis 2020
• Subjects: K Law (General); K720 Property Law
• Online Access: http://irep.iium.edu.my/86265/1/Revisiting%20the%20Appointment%2C%20Powers%20and%20Duties%20of%20a%20Wasi.pdf; http://irep.iium.edu.my/86265/

In Islamic estate management, the appointment of a wasi could be considered a significant part because he is responsible for distributing the estate according to the wishes of the testator and faraid laws. In addition, the appointment of the wasi may expedite the process of administration of the estate and could avoid disputes among the family members of the deceased. In Malaysia, the Rules of Court 2012 does not include the estate of a Muslim dying, leaving a will as it does not come within the scope of the Wills Act 1959. However, the existence of will with the appointment of the wasi is valid for applying the grant of Probate despite the fact that it is a Muslim will. In Malaysia, the duties and obligations of the wasi or executor are governed by the Probate and Administration Act 1959. Conversely, there is no express provision governing basic duties and obligations of the wasi and the court still referring to duties laid down in the English law in deciding any dispute brought before them. Thus, this paper will examine the legal issues on the appointment, powers and duties of the wasi, particularly under Malaysian law and Islamic law. The findings of the discussion are aimed to propose some improvement on the existing laws and practices in order to resolve the problems and challenges of wasi in managing Muslims’ estate in Malaysia. This research is based on a qualitative study and its approach is a content analysis methodology.