The challenge faced by shari'ah law in respect of distribution of inheritance in multi-ethnic communities: case study in Beaufort, Sabah, Malaysia

Nasoha, Zaini and Laluddin, Hayatullah and Mohd. Kusrin , Zuliza and Samuri , Mohd. al-Adib and Mohd. Nor, Amir Husin and Yaacob , Salmy Edawati and Muwazir, Mohd. Rzal (2012) The challenge faced by shari'ah law in respect of distribution of inheritance in multi-ethnic communities: case study in Beaufort, Sabah, Malaysia. International Business Management, 6 (2). pp. 228-232. ISSN 1993-5250

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Abstract

The Federal Constitution has granted jurisdiction over Islamic affairs to each state through the 2nd list of the 9th schedule. Based on this jurisdiction, the states have approved laws relating to the Muslim community including distribution of deceased estate. In the context of multi-ethnic Muslim community, state customary and traditional laws pose a rather significant challenge to the effective operation of Shari'ah Courts. Result of a study conducted in 2009 indicate that element of ethnicity and custom have more or less constrained the Shari'ah Courts from carrying out this jurisdiction. It is observed that in addition to consulting the Shari'ah Court, bumiputra communities in the study areas continue to adhere to custom in matters relating to the distribution of inheritance. This study discusses this phenomena and attempt to deliberate on the approach adopted by court in handling of the relevant cases.

Item Type:	Article (Journal)
Additional Information:	7096/40973
Uncontrolled Keywords:	Federal constitution, Shariah Law
Subjects:	K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Economics and Management Sciences
Depositing User:	Hayatullah Laluddin
Date Deposited:	05 Mar 2015 09:59
Last Modified:	09 Sep 2015 11:02
URI:	http://irep.iium.edu.my/id/eprint/40973

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