The Role of wasiin the administration of minor’s property under provisions of islamic law in Malaysia (Peranan wasi dalam pentadbiran harta kanak-Kanak di bawah peruntukan undang-undang Islam di Malaysia)
This paper dealswith the role of wasiin the administration of minor’s property under the provision of codified Islamic law in Malaysia. The focus of the discussion is on the power of wasiin managing minor’s property under his legal authority. The question is: To what extent the provision of the Isla...
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| Format: | Article |
| Language: | English |
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International Islamic University Malaysia (IIUM)
2020
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| Online Access: | http://irep.iium.edu.my/84551/1/991-Article%20Text-2744-1-10-20201103.pdf http://irep.iium.edu.my/84551/ https://journals.iium.edu.my/jiasia/index.php/jia/article/view/991 https://doi.org/10.31436/jia.v17i3.991 |
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| Summary: | This paper dealswith the role of wasiin the administration of minor’s property under the provision of codified Islamic law in Malaysia. The focus of the discussion is on the power of wasiin managing minor’s property under his legal authority. The question is: To what extent the provision of the Islamic law that is codified in Malaysia prescribes the duties and powers of wasiin relation to the management of minor’s property? Further, what is the safeguard that has been taken by the legal provisions in order to ensure that the minor’s property is well managed and is not infringed and embezzled by the wasi? The research adopts qualitative research methodology which focuses on an examination of the statutory provisions on the role of wasi, including his duties and powers and control in the administration of minor’s property. The paper also discusses the appointment of wasi, his position and his condition in administering minor’s proper-ty and the situation where the wasi is removed from his office. It is found that there is the inadequacy of the law in relation to the role of wasiin the administration of minor’s property. In addition to that, some provisions require further clarification and elaboration. Finally, the research found that there are still rooms for improvement with regards to codified Islamic law relating to the role of wasi in the administration of minor’s property. |
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