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The Islamic law of succession: it's position under the Malaysian legal system

In Malaysia, the Islamic law of succession has been practiced even before colonial times. There are, however, various restrictions on its application after Malaysia's Independence Day, particularly in the case of probate and estate administration. The Federal Constitution recognises the applic...

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Main Authors: Tagoranao, Mariam Saidano, Gamon, Alizaman Dumangcag
Format: Book Chapter
Language:English
Published: Penerbit Lakeisha 2024
Subjects:
BPK Islamic law. Shari'ah. Fiqh
Online Access:http://irep.iium.edu.my/115833/7/115833_The%20Islamic%20law%20of%20succession%20it%27s%20position%20under%20the%20Malaysian%20legal%20system.pdf
http://irep.iium.edu.my/115833/
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spelling my.iium.irep.1158332024-11-14T07:47:25Z http://irep.iium.edu.my/115833/ The Islamic law of succession: it's position under the Malaysian legal system Tagoranao, Mariam Saidano Gamon, Alizaman Dumangcag BPK Islamic law. Shari'ah. Fiqh In Malaysia, the Islamic law of succession has been practiced even before colonial times. There are, however, various restrictions on its application after Malaysia's Independence Day, particularly in the case of probate and estate administration. The Federal Constitution recognises the application of Islamic law, but only in relation to family law issues including marriage, divorce, testate and intestate succession, and some associated Islamic crimes. The Muslim law of succession as applied in Malaysia is a conglomeration of two distinct systems, the Islamic law and the Malay customary laws. This study will examine and discuss the past and the present position of the Islamic law under the Malaysian legal system. It will elaborate that the inheritance law applicable to Muslims in Malaysia is a state matter and the Shari‘ah High Court are given jurisdiction to hear and determine the cases related to the distribution of the estate of the Muslim deceased. A few years ago, many reforms have been introduced to develop the status of the Muslim law of inheritance as in the case of the insurance and nominations. In conclusion, Islamic law of succession has been applied and practised by the Muslims but not in the administration and settlement of the deceased estates which is based on the English law. In this body of legal rules, we can see that the scope of the Islamic law is restricted; it is considerably curtailed by secular laws. Penerbit Lakeisha 2024-03 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/115833/7/115833_The%20Islamic%20law%20of%20succession%20it%27s%20position%20under%20the%20Malaysian%20legal%20system.pdf Tagoranao, Mariam Saidano and Gamon, Alizaman Dumangcag (2024) The Islamic law of succession: it's position under the Malaysian legal system. In: The Position of Islamic Law in the Indonesian and Malaysian Legal System. Penerbit Lakeisha, Klaten, Central Java, pp. 145-162. ISBN 978-623-119-160-1
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic BPK Islamic law. Shari'ah. Fiqh
spellingShingle BPK Islamic law. Shari'ah. Fiqh
Tagoranao, Mariam Saidano
Gamon, Alizaman Dumangcag
The Islamic law of succession: it's position under the Malaysian legal system
description In Malaysia, the Islamic law of succession has been practiced even before colonial times. There are, however, various restrictions on its application after Malaysia's Independence Day, particularly in the case of probate and estate administration. The Federal Constitution recognises the application of Islamic law, but only in relation to family law issues including marriage, divorce, testate and intestate succession, and some associated Islamic crimes. The Muslim law of succession as applied in Malaysia is a conglomeration of two distinct systems, the Islamic law and the Malay customary laws. This study will examine and discuss the past and the present position of the Islamic law under the Malaysian legal system. It will elaborate that the inheritance law applicable to Muslims in Malaysia is a state matter and the Shari‘ah High Court are given jurisdiction to hear and determine the cases related to the distribution of the estate of the Muslim deceased. A few years ago, many reforms have been introduced to develop the status of the Muslim law of inheritance as in the case of the insurance and nominations. In conclusion, Islamic law of succession has been applied and practised by the Muslims but not in the administration and settlement of the deceased estates which is based on the English law. In this body of legal rules, we can see that the scope of the Islamic law is restricted; it is considerably curtailed by secular laws.
format Book Chapter
author Tagoranao, Mariam Saidano
Gamon, Alizaman Dumangcag
author_facet Tagoranao, Mariam Saidano
Gamon, Alizaman Dumangcag
author_sort Tagoranao, Mariam Saidano
title The Islamic law of succession: it's position under the Malaysian legal system
title_short The Islamic law of succession: it's position under the Malaysian legal system
title_full The Islamic law of succession: it's position under the Malaysian legal system
title_fullStr The Islamic law of succession: it's position under the Malaysian legal system
title_full_unstemmed The Islamic law of succession: it's position under the Malaysian legal system
title_sort islamic law of succession: it's position under the malaysian legal system
publisher Penerbit Lakeisha
publishDate 2024
url http://irep.iium.edu.my/115833/7/115833_The%20Islamic%20law%20of%20succession%20it%27s%20position%20under%20the%20Malaysian%20legal%20system.pdf
http://irep.iium.edu.my/115833/
_version_ 1816129647205679104
score 13.222552

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