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The challenge faced by shari'ah law in respect of distribution of inheritance in multi-ethnic communities: case study in Beaufort, Sabah, Malaysia

The Federal Constitution has granted jurisdiction over Islamic affairs to each state through the 2nd list of the 9th schedule. Based on this jurisdiction, the states have approved laws relating to the Muslim community including distribution of deceased estate. In the context of multi-ethnic Muslim c...

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Main Authors: Nasoha, Zaini, Laluddin, Hayatullah, Mohd. Kusrin , Zuliza, Samuri , Mohd. al-Adib, Mohd. Nor, Amir Husin, Yaacob , Salmy Edawati, Muwazir, Mohd. Rzal
Format: Article
Language:English
Published: Medwell Journals 2012
Subjects:
KBP Islamic Law
Online Access:http://irep.iium.edu.my/40973/1/Article_the_challenge_faced..2012.pdf
http://irep.iium.edu.my/40973/
http://www.medwelljournals.com/journalhome.php?jid=1993-5250
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spelling my.iium.irep.409732015-09-09T03:02:56Z http://irep.iium.edu.my/40973/ The challenge faced by shari'ah law in respect of distribution of inheritance in multi-ethnic communities: case study in Beaufort, Sabah, Malaysia Nasoha, Zaini Laluddin, Hayatullah Mohd. Kusrin , Zuliza Samuri , Mohd. al-Adib Mohd. Nor, Amir Husin Yaacob , Salmy Edawati Muwazir, Mohd. Rzal KBP Islamic Law The Federal Constitution has granted jurisdiction over Islamic affairs to each state through the 2nd list of the 9th schedule. Based on this jurisdiction, the states have approved laws relating to the Muslim community including distribution of deceased estate. In the context of multi-ethnic Muslim community, state customary and traditional laws pose a rather significant challenge to the effective operation of Shari'ah Courts. Result of a study conducted in 2009 indicate that element of ethnicity and custom have more or less constrained the Shari'ah Courts from carrying out this jurisdiction. It is observed that in addition to consulting the Shari'ah Court, bumiputra communities in the study areas continue to adhere to custom in matters relating to the distribution of inheritance. This study discusses this phenomena and attempt to deliberate on the approach adopted by court in handling of the relevant cases. Medwell Journals 2012 Article REM application/pdf en http://irep.iium.edu.my/40973/1/Article_the_challenge_faced..2012.pdf Nasoha, Zaini and Laluddin, Hayatullah and Mohd. Kusrin , Zuliza and Samuri , Mohd. al-Adib and Mohd. Nor, Amir Husin and Yaacob , Salmy Edawati and Muwazir, Mohd. Rzal (2012) The challenge faced by shari'ah law in respect of distribution of inheritance in multi-ethnic communities: case study in Beaufort, Sabah, Malaysia. International Business Management, 6 (2). pp. 228-232. ISSN 1993-5250 http://www.medwelljournals.com/journalhome.php?jid=1993-5250
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 KBP Islamic Law
spellingShingle KBP Islamic Law
Nasoha, Zaini
Laluddin, Hayatullah
Mohd. Kusrin , Zuliza
Samuri , Mohd. al-Adib
Mohd. Nor, Amir Husin
Yaacob , Salmy Edawati
Muwazir, Mohd. Rzal
The challenge faced by shari'ah law in respect of distribution of inheritance in multi-ethnic communities: case study in Beaufort, Sabah, Malaysia
description The Federal Constitution has granted jurisdiction over Islamic affairs to each state through the 2nd list of the 9th schedule. Based on this jurisdiction, the states have approved laws relating to the Muslim community including distribution of deceased estate. In the context of multi-ethnic Muslim community, state customary and traditional laws pose a rather significant challenge to the effective operation of Shari'ah Courts. Result of a study conducted in 2009 indicate that element of ethnicity and custom have more or less constrained the Shari'ah Courts from carrying out this jurisdiction. It is observed that in addition to consulting the Shari'ah Court, bumiputra communities in the study areas continue to adhere to custom in matters relating to the distribution of inheritance. This study discusses this phenomena and attempt to deliberate on the approach adopted by court in handling of the relevant cases.
format Article
author Nasoha, Zaini
Laluddin, Hayatullah
Mohd. Kusrin , Zuliza
Samuri , Mohd. al-Adib
Mohd. Nor, Amir Husin
Yaacob , Salmy Edawati
Muwazir, Mohd. Rzal
author_facet Nasoha, Zaini
Laluddin, Hayatullah
Mohd. Kusrin , Zuliza
Samuri , Mohd. al-Adib
Mohd. Nor, Amir Husin
Yaacob , Salmy Edawati
Muwazir, Mohd. Rzal
author_sort Nasoha, Zaini
title The challenge faced by shari'ah law in respect of distribution of inheritance in multi-ethnic communities: case study in Beaufort, Sabah, Malaysia
title_short The challenge faced by shari'ah law in respect of distribution of inheritance in multi-ethnic communities: case study in Beaufort, Sabah, Malaysia
title_full The challenge faced by shari'ah law in respect of distribution of inheritance in multi-ethnic communities: case study in Beaufort, Sabah, Malaysia
title_fullStr The challenge faced by shari'ah law in respect of distribution of inheritance in multi-ethnic communities: case study in Beaufort, Sabah, Malaysia
title_full_unstemmed The challenge faced by shari'ah law in respect of distribution of inheritance in multi-ethnic communities: case study in Beaufort, Sabah, Malaysia
title_sort challenge faced by shari'ah law in respect of distribution of inheritance in multi-ethnic communities: case study in beaufort, sabah, malaysia
publisher Medwell Journals
publishDate 2012
url http://irep.iium.edu.my/40973/1/Article_the_challenge_faced..2012.pdf
http://irep.iium.edu.my/40973/
http://www.medwelljournals.com/journalhome.php?jid=1993-5250
_version_ 1643611924380778496
score 13.211869

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