The legal provisions and judicial rulings of will for heirs' Cases in Malaysia's Shari'ah High Courts

Karim, Fatimah and Awang, Abdul Bari and Zakaria, Mohamad Sabri (2024) The legal provisions and judicial rulings of will for heirs' Cases in Malaysia's Shari'ah High Courts. International Journal of Fiqh and Usul al-Fiqh Studies (IJFUS), Vol. 8 (1). pp. 6-24. E-ISSN 2600-8408

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Abstract

This research aims to study the topic of "The Legal Provisions and Judicial Rulings of Will for Heirs Cases in Malaysia's Shariah High Courts". The research delves into clarifying the reality of the law regarding will for heirs in Malaysia and demonstrates the effectiveness of judicial rulings in Malaysia's Shariah High Courts concerning the issues. Upon examining cases of will for heirs, it becomes apparent that a significant number of members within the Muslim community in Malaysia have chosen to bequeath their entire estate to their heirs. In essence, a will is valid for non-heirs within one-third, while two-thirds are allocated to all rightful heirs according to Islamic inheritance laws. This presents an issue as many Malaysians may be unfamiliar with the legitimacy of inheritance laws and the nature of will for heirs. The researchers adopt a descriptive approach to clarify the subject matter, an analytical approach to analyze cases of will for heirs in Malaysia's Shariah High Courts and their legal applications, and a field study involving personal interviews with judges and the research officers in the Shariah High Courts of three selected states in Malaysia: Selangor, Negeri Sembilan, and Perak. Among the significant results obtained from the research is that the implementation of will for heirs in Malaysia's Shariah High Court depends on the consent of the heirs, aligning with Islamic principles and in accordance with the Muslim Wills Enactment and Administration of The Religion of Islam Enactment. The study suggests that the Islamic Religious Council (MAIN) for the remaining states in Malaysia, excluding the six states (Selangor, Negeri Sembilan, Malacca, Kelantan, Pahang, and Sabah), should take proactive steps to codify the Muslim Wills Enactment for their states, considering acceptable opinions derived from the Shafi’i school of thought. With the existence of legal provisions specific to will for heirs, judges in Malaysia's Shariah High Courts would find it easier to arbitrate cases related to will for heirs with precision and efficiency.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Keywords: Law, Will for Heirs, Judicial Rulings, Shariah High Courts, Malaysia
Subjects:	BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences
Depositing User:	FATIMAH KARIM
Date Deposited:	02 Feb 2024 09:05
Last Modified:	02 Feb 2024 09:05
URI:	http://irep.iium.edu.my/id/eprint/110687

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