The law of will for heirs in Malaysia: a juristic analytical study

Karim, Fatimah and Awang, Abdul Bari and Zakaria, Mohamad Sabri (2022) The law of will for heirs in Malaysia: a juristic analytical study. International Journal Of Fiqh And Usul Al-Fiqh Studies, 6 (1). pp. 71-88. E-ISSN 2600-8408

Preview

PDF - Published Version Download (642kB) | Preview

Abstract

The subject of this research is "The Law of Will for Heirs in Malaysia: A Juristic Analytical Study". The research deals with the presentation of legal articles concerning the will for heirs in Malaysia and the validity of its application in the Malaysian society. The laws that apply to the Malaysian Muslims in cases related to the will for heirs are Muslim Wills Enactment of the state of Selangor (1999), Negeri Sembilan (2004), Malacca (2005), and Kelantan (2009) under section (26). As for the other states that do not have the Muslim Wills Enactment, it refers to the Administration of the Religion of Islam Enactment under article (b)(viii), and Syariah Court Civil Procedure Enactment Section 245(2). But the implication of the article (26) no. (2) Muslim Wills Enactment in the state of Selangor (1999), Negeri Sembilan (2004), Malacca (2005), and Kelantan (2009) indicate that the will for heirs is permissible within the limits of one-third without depending on the consent of other heirs, and it is consistent with the opinion of the jurist of Shi'ah Imamiah and some Zaydiyyah, and contrary to the opinion of the majority of jurists who invalidate the will to heirs except with the consent of other heirs. Thus, to clarify the reality of the subject, the researcher relies on the descriptive approach, analytical approach, and field study; by analyzing legal articles and conducting personal interviews to obtain the views of the Malaysian muftis concerning the will for heirs. One of the important findings of the research is that the will for heirs is permissible within the limits of one-third without depending on the consent of other heirs in four states of Malaysia namely Selangor, Negeri Sembilan, Malacca, and Kelantan; based on the discretion and independent reasoning of the judges who consider the needs and benefits of the heirs. This study also suggests that the Department of Islamic Development Malaysia (JAKIM) should prepare a paper on will for heirs, so that the National Fatwa Committee of Malaysia and the Fatwa Committee of the States can discuss the paper, make decisions, and issue the fatwa concerning the law of will for heirs.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Keywords: Law, Will for Heir, Malaysia, Consent
Subjects:	B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam > BP174 The Practice of Islam > BP188 Islamic religious life
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh Kulliyyah of Islamic Revealed Knowledge and Human Sciences
Depositing User:	FATIMAH KARIM
Date Deposited:	04 Feb 2022 08:34
Last Modified:	04 Feb 2022 08:34
URI:	http://irep.iium.edu.my/id/eprint/96609

Actions (login required)

View Item