Islamic Inheritance Laws in Malaysia, Second Edition builds upon the First Edition, adding new information and revising others to reflect changes in the law of Islamic Inheritance since 2004. The author has added new cases and incorporated the significant coming into force of the Muslim Wills (Selangor) Enactment 1999, Muslim Wills (Negeri Sembilan) Enactment of 2004 and the Muslim Wills (Malacca)Enactment of 2005.
A number of new cases have been added to flesh out the author''s analysis of this area and highlight the conflict in jurisdiction and substantive law between Syariah and Civil law. The book also discusses the Small Estates Act 1955.
PART 1 The Law of Intestacy
Introduction Administration Of Muslim Estates In Malaysia Jurisdiction Of Syariah Courts In Muslim Succession Matters The Effect Of Part VII Of The Civil Law Act, 1956 Distribution Of Small Estate The Role of Trust Companies And Amanah Raya Berhad In Estate Administration Inheritance And Harta Sepencarian Property Under Adat Perpateh Distribution Of Estates According To The Shafi'i School Of Jurisprudence Legitimacy And Succession Devolution To The State Guardianship Over A Minor's Person And Property Payments Of Deceased's Debts
PART 2 The Law of Bequests
Introduction The Nature Of Bequests Formalities Of An Islamic Will The Testator (Al-Musi) The Excecutor (Wasi) Guardianship Over A Minor's Person And Property The Beneficiary (Muso Lahu) Circumstances InWhich A Will Becomes Invalid Revocation Of A Will Acceptance And Rejection Of A Will The Doctrine Of The Obligatory Bequest (Wasiyyah Wajibah) Paying Debts From The General Estate Or The Bequest Nominations And Islamic Law Bank Joint Accounts: Conflict Between Survivorship Principles And Faraid Nazr And Waqf Under Malaysian Law Application Of Rules Of Private International Law Effect Of Inconsistency With Hukum Syarak Advantages Of Writing A Will