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Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors

Privileged will is the right of soldiers and airmen, and sailors, to dispose of their property during “actual military service”, and “at sea”, respectively. The sustainability of this right leads to economic prosperity and social justice. The objective of this paper is to examine the sustainability...

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Main Authors: Hussain, Faridah, Mohd Kamal, Mohd Hisham, Halim, Akmal Hidayah, Ahmad Bustami, Tajul Aris
Format: Article
Language:English
Published: PKP Publishing Services 2016
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/55233/1/70-404-2-PB.pdf
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spelling my.iium.irep.552332017-02-13T08:17:37Z http://irep.iium.edu.my/55233/ Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors Hussain, Faridah Mohd Kamal, Mohd Hisham Halim, Akmal Hidayah Ahmad Bustami, Tajul Aris K Law (General) Privileged will is the right of soldiers and airmen, and sailors, to dispose of their property during “actual military service”, and “at sea”, respectively. The sustainability of this right leads to economic prosperity and social justice. The objective of this paper is to examine the sustainability of privileged wills as a model for combating poverty among soldiers, airmen and sailors in Malaysia. Privileged wills appear to be relevant and important as soldiers, airmen and sailors may dispose of their properties during difficulties in obtaining advice and assistance to make a formal will. Despite the benefit, it is found that the legal provisions relating to privileged wills are not applicable to Muslims and native soldiers and sailors, and that there is no clear legal provision to guide Muslims and native soldiers and sailors to make privileged wills. The methodology employed in discussing this paper is a qualitative research using doctrinal and comparative approach to the legal systems. This paper analyses legislations governing privileged wills ranging from the Malaysian Wills Act 1959 (Act 346), the Sabah Wills Ordinance (Sabah Cap. 158), Armed Forces Act 1972 (Act 77) and the English Wills Act 1837. The study suggests that the Government of Malaysia should support the idea to extend the provision of law on privileged wills to Muslim and native soldiers and sailors. This is to enable the society to earn and benefit from the property disposed of by soldiers, airmen and sailors. PKP Publishing Services 2016 Article REM application/pdf en http://irep.iium.edu.my/55233/1/70-404-2-PB.pdf Hussain, Faridah and Mohd Kamal, Mohd Hisham and Halim, Akmal Hidayah and Ahmad Bustami, Tajul Aris (2016) Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors. Journal of Asian and African Social Science and Humanities, 2 (3). pp. 61-73. ISSN 2413-2748 https://www.aarcentre.com/index.php/aarcentre/index
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 K Law (General)
spellingShingle K Law (General)
Hussain, Faridah
Mohd Kamal, Mohd Hisham
Halim, Akmal Hidayah
Ahmad Bustami, Tajul Aris
Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
description Privileged will is the right of soldiers and airmen, and sailors, to dispose of their property during “actual military service”, and “at sea”, respectively. The sustainability of this right leads to economic prosperity and social justice. The objective of this paper is to examine the sustainability of privileged wills as a model for combating poverty among soldiers, airmen and sailors in Malaysia. Privileged wills appear to be relevant and important as soldiers, airmen and sailors may dispose of their properties during difficulties in obtaining advice and assistance to make a formal will. Despite the benefit, it is found that the legal provisions relating to privileged wills are not applicable to Muslims and native soldiers and sailors, and that there is no clear legal provision to guide Muslims and native soldiers and sailors to make privileged wills. The methodology employed in discussing this paper is a qualitative research using doctrinal and comparative approach to the legal systems. This paper analyses legislations governing privileged wills ranging from the Malaysian Wills Act 1959 (Act 346), the Sabah Wills Ordinance (Sabah Cap. 158), Armed Forces Act 1972 (Act 77) and the English Wills Act 1837. The study suggests that the Government of Malaysia should support the idea to extend the provision of law on privileged wills to Muslim and native soldiers and sailors. This is to enable the society to earn and benefit from the property disposed of by soldiers, airmen and sailors.
format Article
author Hussain, Faridah
Mohd Kamal, Mohd Hisham
Halim, Akmal Hidayah
Ahmad Bustami, Tajul Aris
author_facet Hussain, Faridah
Mohd Kamal, Mohd Hisham
Halim, Akmal Hidayah
Ahmad Bustami, Tajul Aris
author_sort Hussain, Faridah
title Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
title_short Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
title_full Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
title_fullStr Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
title_full_unstemmed Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
title_sort privileged wills in malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
publisher PKP Publishing Services
publishDate 2016
url http://irep.iium.edu.my/55233/1/70-404-2-PB.pdf
http://irep.iium.edu.my/55233/
https://www.aarcentre.com/index.php/aarcentre/index
_version_ 1643614705015586816
score 13.211869

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