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  • Essay / Problems of distribution of property of Muslims in the...

    PROBLEMS OF DISTRIBUTION OF ESTATES OF MUSLIMS IN THE CONTEXT OF THE LAW OF MALAYSIA.INTRODUCTIONThe distributions of property of Muslims in this country are in fact based on the law Islamic law, although the Faraid law the primary applicable law is civil law. This is because the law is only available for purely administrative matters such as methods of applying sharing, application process, delegation of authority, etc. In determining heirs, sharing respectively and matters relating to distribution, all subject to Islamic law. For example, there are provisions in the Small Estates (Distribution) Act 1955 (Act 98). Section 12 (7) of Act 98 provides that the distribution of the deceased's estate must be in accordance with the law applicable to him. This means that for Muslims, the division of property must be in accordance with the Faraid law. Under section 12(7) of the Small Estates (Distribution) Act, 1955 (Act 98), it was said: “The Collector shall ascertain, in the most appropriate manner, the law applicable to the reduction deceased property and decide who follows the law, these are the beneficiaries and the rate of division and their respective interests Then, under section 19 (1) (a) of the Small Estates Act 1955 (. distribution), it is said that if people have any questions related to Islamic law, including the law of inheritance and everything related to it, such as determining the paternity of children, grants, probate, etc. ., they can continue to refer to their state authorities JURISDICTION OF ADMINISTRATION OF THE ESTATE The administrative jurisdiction of the estate has been placed under the Ninth Schedule, List 1, and in the Federal Register under Article. 4 (e) (I) which states that "Inheritance of will and estate, probate and letter...... middle of paper ...... existing provisions in the promulgation of the law will not be in conformity with the Shafi'i sect.3.2) Hypotheses of death: each request for inheritance sharing must be accompanied by proof of death. The proof of intrinsic mortality is the death certificate, and the proof of the death of a missing person is an order issued by the court which assumes that the missing person was dead and was known as a "presumption of death order". death ". The Estates Distribution Unit will only accept a presumption of death issued by the High Court 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 of death issued by a Sharia court is to allow the wife to remarry but not to distribute the estate.4) Restriction on the acquisition of land by law.