Staff View: An overview of the inheritance legal system in Malaysia and Indonesia: issues faced by both countries

An overview of the inheritance legal system in Malaysia and Indonesia: issues faced by both countries

The practice of inheritance, both civil and Islamic, has always been subjected to various laws and regulations and involves the participation from relevant institutions as well as the family of the deceased. Since religion and culture do not exist in isolation, it has been observed in both Malaysia...

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Main Authors:	Nasrul, Muhammad Amrullah, Abdul Manaf, Zati Ilham, Syafril, Syafwendi, Fathurrohman, Moh
Format:	Article
Language:	English
Published:	Universiti Malaya 2021
Subjects:	K Law (General) K670 Family Law K720 Property Law
Online Access:	http://irep.iium.edu.my/92839/11/92839_complete_inpress.pdf http://irep.iium.edu.my/92839/ https://ejournal.um.edu.my/index.php/JSLR/article/download/33962/13976/80848
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spelling	my.iium.irep.928392022-03-17T07:00:35Z http://irep.iium.edu.my/92839/ An overview of the inheritance legal system in Malaysia and Indonesia: issues faced by both countries Nasrul, Muhammad Amrullah Abdul Manaf, Zati Ilham Syafril, Syafwendi Fathurrohman, Moh K Law (General) K670 Family Law K720 Property Law The practice of inheritance, both civil and Islamic, has always been subjected to various laws and regulations and involves the participation from relevant institutions as well as the family of the deceased. Since religion and culture do not exist in isolation, it has been observed in both Malaysia and Indonesia that the practice of inheritance involves various legal systems such as civil law, Islamic law as well as customary practices. Due to the application of various laws, there can exist the issue of conflict of jurisdiction between the three legal authorities. These difficulties are further exacerbated when variant laws and customs exist in certain communities and are tightly held on to by certain individuals, especially those who lack the legal and procedural knowledge of inheritance. This situation leads to adverse implications such as difficulties in the distribution of estate, determination of status of heirs as well as impending disputes among the family members. This paper therefore seeks to examine the legal system involving inheritance and its practices in Malaysia and Indonesia. Through a doctrinal research, it has been found that both Malaysia and Indonesia share similar factors which had attributed to inheritances; First, there is a lack of knowledge among the beneficiaries and second, the court's decision in upholding priority over civil rights. This paper is based primarily on the analysis of secondary sources such as journals, conference papers, textbooks, statutes, case laws, and other library-based documents. The findings of this study show that a cohesive approach needs to be spearheaded by the government in educating the society on the law of inheritance. Legal reforms in terms of the jurisdiction of the judiciary will also serve as an ideal solution over the revolving inheritance issues in both nations. Universiti Malaya 2021-12-08 Article PeerReviewed application/pdf en http://irep.iium.edu.my/92839/11/92839_complete_inpress.pdf Nasrul, Muhammad Amrullah and Abdul Manaf, Zati Ilham and Syafril, Syafwendi and Fathurrohman, Moh (2021) An overview of the inheritance legal system in Malaysia and Indonesia: issues faced by both countries. Journal of Shariah Law Research, 6 (2). pp. 181-200. ISSN 2462-2206 E-ISSN 2462-2230 (In Press) https://ejournal.um.edu.my/index.php/JSLR/article/download/33962/13976/80848
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) K670 Family Law K720 Property Law
spellingShingle	K Law (General) K670 Family Law K720 Property Law Nasrul, Muhammad Amrullah Abdul Manaf, Zati Ilham Syafril, Syafwendi Fathurrohman, Moh An overview of the inheritance legal system in Malaysia and Indonesia: issues faced by both countries
description	The practice of inheritance, both civil and Islamic, has always been subjected to various laws and regulations and involves the participation from relevant institutions as well as the family of the deceased. Since religion and culture do not exist in isolation, it has been observed in both Malaysia and Indonesia that the practice of inheritance involves various legal systems such as civil law, Islamic law as well as customary practices. Due to the application of various laws, there can exist the issue of conflict of jurisdiction between the three legal authorities. These difficulties are further exacerbated when variant laws and customs exist in certain communities and are tightly held on to by certain individuals, especially those who lack the legal and procedural knowledge of inheritance. This situation leads to adverse implications such as difficulties in the distribution of estate, determination of status of heirs as well as impending disputes among the family members. This paper therefore seeks to examine the legal system involving inheritance and its practices in Malaysia and Indonesia. Through a doctrinal research, it has been found that both Malaysia and Indonesia share similar factors which had attributed to inheritances; First, there is a lack of knowledge among the beneficiaries and second, the court's decision in upholding priority over civil rights. This paper is based primarily on the analysis of secondary sources such as journals, conference papers, textbooks, statutes, case laws, and other library-based documents. The findings of this study show that a cohesive approach needs to be spearheaded by the government in educating the society on the law of inheritance. Legal reforms in terms of the jurisdiction of the judiciary will also serve as an ideal solution over the revolving inheritance issues in both nations.
format	Article
author	Nasrul, Muhammad Amrullah Abdul Manaf, Zati Ilham Syafril, Syafwendi Fathurrohman, Moh
author_facet	Nasrul, Muhammad Amrullah Abdul Manaf, Zati Ilham Syafril, Syafwendi Fathurrohman, Moh
author_sort	Nasrul, Muhammad Amrullah
title	An overview of the inheritance legal system in Malaysia and Indonesia: issues faced by both countries
title_short	An overview of the inheritance legal system in Malaysia and Indonesia: issues faced by both countries
title_full	An overview of the inheritance legal system in Malaysia and Indonesia: issues faced by both countries
title_fullStr	An overview of the inheritance legal system in Malaysia and Indonesia: issues faced by both countries
title_full_unstemmed	An overview of the inheritance legal system in Malaysia and Indonesia: issues faced by both countries
title_sort	overview of the inheritance legal system in malaysia and indonesia: issues faced by both countries
publisher	Universiti Malaya
publishDate	2021
url	http://irep.iium.edu.my/92839/11/92839_complete_inpress.pdf http://irep.iium.edu.my/92839/ https://ejournal.um.edu.my/index.php/JSLR/article/download/33962/13976/80848
_version_	1728051151935373312
score	13.211869

An overview of the inheritance legal system in Malaysia and Indonesia: issues faced by both countries

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