The Islamic law of succession: it's position under the Malaysian legal system

Tagoranao, Mariam Saidano and Gamon, Alizaman Dumangcag (2024) The Islamic law of succession: it's position under the Malaysian legal system. In: The Position of Islamic Law in the Indonesian and Malaysian Legal System. Penerbit Lakeisha, Klaten, Central Java, pp. 145-162. ISBN 978-623-119-160-1

PDF - Published Version Restricted to Repository staff only Download (1MB) | Request a copy

Abstract

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.

Item Type:	Book Chapter
Uncontrolled Keywords:	Keywords: Islamic law of succession, Malaysian legal system, Federal Constitution
Subjects:	BPK Islamic law. Shari'ah. Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fundamental and Inter-Disciplinary Studies (Effective: 5th Feb 2014)
Depositing User:	Dr. Alizaman Dumangcag Gamon
Date Deposited:	14 Nov 2024 15:14
Last Modified:	14 Nov 2024 15:47
URI:	http://irep.iium.edu.my/id/eprint/115833

Actions (login required)

View Item