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Muslim estate administration: the locus of Malaysian Syariah Court in Malaysia

The concept of dual justice system practiced in Malaysia governs the area of inheritance where there is a notable difference between Muslim and non-Muslim estate administration. While the non-Muslims deal solely with civil court, the Muslims are governed under both civil and Syariah Court. For...

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Main Authors: Muhamad Helmi Md Said,, Muhammad Amrullah Drs Nasrul,, Nora Abdul Hak Ahmad,, Wan Noraini Mohd Salim,
Format: Article
Language:English
Published: Penerbit Universiti Kebangsaan Malaysia 2021
Online Access:http://journalarticle.ukm.my/16934/1/IJIT-Vol-19-June-2021_8_73-78.pdf
http://journalarticle.ukm.my/16934/
http://www.ukm.my/ijit/volume-19-june-2021/
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spelling my-ukm.journal.169342021-06-29T07:12:25Z http://journalarticle.ukm.my/16934/ Muslim estate administration: the locus of Malaysian Syariah Court in Malaysia Muhamad Helmi Md Said, Muhammad Amrullah Drs Nasrul, Nora Abdul Hak Ahmad, Wan Noraini Mohd Salim, The concept of dual justice system practiced in Malaysia governs the area of inheritance where there is a notable difference between Muslim and non-Muslim estate administration. While the non-Muslims deal solely with civil court, the Muslims are governed under both civil and Syariah Court. For Muslims, reference to Syariah Court is required for the purpose of obtaining the fara’id certificate, prior to the application to other administrative bodies. Having to deal with multiple bodies tends to lead to a confusion among the Muslims as to which institution should they approach, signifying the extra commitment that they will have to make. The complexity of the process encountered by the beneficiary results in discouragement to proceed the administration which eventually led to delay in estate administration and distribution. The lack of understanding regarding the function of the Syariah Court holds as a key factor to this ongoing issue. This paper adopts the library-based research which focuses on the analysis of written sources including but not being limited to journal articles, statutes, case laws and text books. In its findings, this paper states that there is a need for the government to re-look into the structure of the administrative bodies by making proper amendments in order to simplify the current process of the Muslim estate administration. Penerbit Universiti Kebangsaan Malaysia 2021-06 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/16934/1/IJIT-Vol-19-June-2021_8_73-78.pdf Muhamad Helmi Md Said, and Muhammad Amrullah Drs Nasrul, and Nora Abdul Hak Ahmad, and Wan Noraini Mohd Salim, (2021) Muslim estate administration: the locus of Malaysian Syariah Court in Malaysia. International Journal of Islamic Thought ( IJIT ), 19 . pp. 73-78. ISSN 2232-1314 http://www.ukm.my/ijit/volume-19-june-2021/
institution Universiti Kebangsaan Malaysia
building Tun Sri Lanang Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Kebangsaan Malaysia
content_source UKM Journal Article Repository
url_provider http://journalarticle.ukm.my/
language English
description The concept of dual justice system practiced in Malaysia governs the area of inheritance where there is a notable difference between Muslim and non-Muslim estate administration. While the non-Muslims deal solely with civil court, the Muslims are governed under both civil and Syariah Court. For Muslims, reference to Syariah Court is required for the purpose of obtaining the fara’id certificate, prior to the application to other administrative bodies. Having to deal with multiple bodies tends to lead to a confusion among the Muslims as to which institution should they approach, signifying the extra commitment that they will have to make. The complexity of the process encountered by the beneficiary results in discouragement to proceed the administration which eventually led to delay in estate administration and distribution. The lack of understanding regarding the function of the Syariah Court holds as a key factor to this ongoing issue. This paper adopts the library-based research which focuses on the analysis of written sources including but not being limited to journal articles, statutes, case laws and text books. In its findings, this paper states that there is a need for the government to re-look into the structure of the administrative bodies by making proper amendments in order to simplify the current process of the Muslim estate administration.
format Article
author Muhamad Helmi Md Said,
Muhammad Amrullah Drs Nasrul,
Nora Abdul Hak Ahmad,
Wan Noraini Mohd Salim,
spellingShingle Muhamad Helmi Md Said,
Muhammad Amrullah Drs Nasrul,
Nora Abdul Hak Ahmad,
Wan Noraini Mohd Salim,
Muslim estate administration: the locus of Malaysian Syariah Court in Malaysia
author_facet Muhamad Helmi Md Said,
Muhammad Amrullah Drs Nasrul,
Nora Abdul Hak Ahmad,
Wan Noraini Mohd Salim,
author_sort Muhamad Helmi Md Said,
title Muslim estate administration: the locus of Malaysian Syariah Court in Malaysia
title_short Muslim estate administration: the locus of Malaysian Syariah Court in Malaysia
title_full Muslim estate administration: the locus of Malaysian Syariah Court in Malaysia
title_fullStr Muslim estate administration: the locus of Malaysian Syariah Court in Malaysia
title_full_unstemmed Muslim estate administration: the locus of Malaysian Syariah Court in Malaysia
title_sort muslim estate administration: the locus of malaysian syariah court in malaysia
publisher Penerbit Universiti Kebangsaan Malaysia
publishDate 2021
url http://journalarticle.ukm.my/16934/1/IJIT-Vol-19-June-2021_8_73-78.pdf
http://journalarticle.ukm.my/16934/
http://www.ukm.my/ijit/volume-19-june-2021/
_version_ 1703961611056709632
score 13.211869

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