Issues on Legitimacy in Muslims’ Inheritance in West Malaysia

Mohd Salim, Wan Noraini and Halim, Akmal Hidayah and Drs Nasrul, Muhammad Amrullah (2023) Issues on Legitimacy in Muslims’ Inheritance in West Malaysia. In: HARMONISATION OF SHARIAH AND LAW: APPROACHES AND PROGRESS. Harun M. Hashim Law Centre, AIKOL, International Islamic University Malaysia, Kuala Lumpur, pp. 241-258. ISBN 978-967-2424-46-8

PDF - Published Version Restricted to Registered users only Download (8MB) | Request a copy

Abstract

Whilst Islamic law is clear on the disqualification of an illegitimate child to inherit from his or her biological father’s estate, the law and practice in West Malaysia regarding the ascription of the illegitimate child to the biological father have not given much emphasis on the implication of such practices to the Islamic inheritance law. Undeniably, ascribing the illegitimate child to the mother’s husband would open rooms for abuse and misuse in matters relating to the guardianship and inheritance rights which would definitely have a greater impact under hukum syarak. Hence, this study is conducted with the aim to harmonise the procedural law and the Islamic law towards protecting the interest of the illegitimate child and at the same time safeguarding the entitlement of the rightful heirs to the deceased’s estate. Doctrinal analysis is adopted whereby reference is made to several statutes such as Births and Deaths Registration Act 1957, Administration of Islamic Statutes, fatwa issued by National Fatwa Council and the State Fatwa Councils. Several decided cases are also analysed to determine the current situation in West Malaysia. It is predicated that the law and practice in ascribing the illegitimate child to the biological father can be harmonised with hukum syarak if there is a proper and clear legal mechanism which can detect the status of the illegitimate child though ascribed to the biological father so as to avoid jeopardising the rights and entitlement of other rightful heirs.

Item Type:	Book Chapter
Uncontrolled Keywords:	Islamic law of inheritance, legitimacy, adoption, estate administration, hukum syarak.
Subjects:	BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) K Law > K670 Family Law K Law > K720 Property Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	DR MUHAMMAD AMRULLAH DRS NASRUL
Date Deposited:	22 Dec 2023 09:31
Last Modified:	12 Jan 2024 11:18
URI:	http://irep.iium.edu.my/id/eprint/107194

Actions (login required)

View Item