The administration of Muslim's and non-muslim's ownerless estate (bona vacantia) in West Malaysia: an analysis

Halim, Akmal Hidayah and Ahmad Bustami, Tajul Aris and Mohd Salim, Wan Noraini and Mohd Yusoff, Rahmawati (2019) The administration of Muslim's and non-muslim's ownerless estate (bona vacantia) in West Malaysia: an analysis. International Journal of Law, Government and Communication, 4 (16). pp. 26-34. E-ISSN 0128-1763

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Abstract

In Malaysia, if a deceased passed away intestate (without leaving a valid will) and no next of kin is available, his or her estate is deemed as an ownerless estate (bona vacantia). However, bona vacantia has not been classified, identified, and examined clearly, particularly in terms of the various sets of law applicable to the non-Muslims and Muslims in West Malaysia. Therefore, this paper intends to examine the classification of estates categorised under bona vacantia, its position in both Islamic law and Malaysian law, and the issues associated with the topic. The doctrinal analysis is adopted by analysing the current primary and secondary materials which include case law, statutory provisions, and other legal and non-legal literature. Consequently, the administration of bona vacantia is found to be governed by different procedures and laws, based on the personal law of the deceased. If he is a Muslim, his estate

Item Type:	Article (Journal)
Additional Information:	3140/75096
Uncontrolled Keywords:	Administration of Estate, Bona Vacantia, Muslim, Non-Muslim, Baitulmal, Government, State Authority, West Malaysia
Subjects:	K Law > KPG Malaysia K Law > KZ Law of Nations
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr wan noraini mohd salim
Date Deposited:	08 Nov 2019 12:02
Last Modified:	04 Feb 2020 11:38
URI:	http://irep.iium.edu.my/id/eprint/75096

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