Issues in Distribtuiton Estate of Muslims in the Context Law of Malaysia

Issues in Distribtuiton Estate of Muslims in the Context Law of Malaysia

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ISSUES IN DISTRIBUTION ESTATE OF MUSLIMS IN THE CONTEXT LAW OF MALAYSIA.
INTRODUCTION
Distributions of the estate of Muslims in this country are actually made based on Islamic law, although the Law Faraid primary law applicable is the civil law. This is because the law available only for purely administrative matters such as methods to apply partitioning, application process, delegation of authority, and so on. In the determination of heirs, the division respectively, and the matters relating to the distribution, all subject to Islamic law. For example, there are provisions in the Small Estates (Distribution) Act 1955 (Act 98). Section 12 (7) of the Act 98 provides that the distribution of the deceased's estate shall be in accordance with the law applicable to it. This means that for Muslims, the division of property shall be in accordance with the Law Faraid. Under section 12(7) Small Estates (Distribution) Act 1955(Act 98) was said: "The Collector shall ascertain, in such a way that most appropriate, the law applicable to the reduction of property deceased, and shall decide who follow the law is the beneficiaries and the share rate and their respective interests." Then under section 19(1)(a) Small Estates (Distribution) Act 1955 said If people have questions related to Islamic law, including the law of inheritance is and anything related to it such as the determination of paternity of the children, grants, probate, etc, they can continue to refer to their state authorities.





ESTATE ADMINISTRATION JURISDICTION.
Administrative jurisdiction of the estate was placed under the Ninth Schedule, List 1, and the Federal Register under Article 4 (e) (I) which states that “Inheritance of testate and intestate, probate and letter...


... middle of paper ...


...he existing provisions in the enactment of the law will not in accordance with the Shafi'i sect.
3.2) Assumptions of death: each application to divide the inheritance must be accompanied by proof of death. Evidence for intrinsic mortality is the death certificate, and proof of death of a missing person is an order issued by the court assumes that the missing person was dead and it was known as the 'Order of Presumption of Death'. Estate Distribution Unit will only accept a presumption of death issued by the High Court only in accordance with the Evidence Act 1950. Islamic Family Law also provides for the presumption of death such as section 53 of the Islamic Family Law Act 1984 and Rules 1987. However, the assumption death issued by a Sharia court is to allow the wife remarried but not for distribution of the estate.
4) Restriction on acquisition of land by law.



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