Browsing by Author "Fatimah Karim"

The subject of this research is "The Will for Heirs in Malaysia: A Juristic Analytical Study". The research deals with the statement of the will for heirs and its conditions in Islam. It then touches on the meaning of the will for heirs in Malaysia, and it is concerned with the presentation of legal articles concerning the will for heirs in Malaysia and the validity of its application in the Malaysian society. The study shows the effectiveness of judicial rulings in Malaysia's Syariah High Court and the implementation of the procedures at the will trust companies in Malaysia towards the issues of the will for heirs in light of the jurisprudence of inheritance. The researcher adopted the inductive, descriptive, and analytical methods, as well as the field study in data collection. In the inductive and descriptive approaches, the researcher extrapolated the main sources of scientific research, and then clarified the reality of the subject. In the analytical approach, the researcher analyzed legal articles and issues concerning will for heirs in the Syariah High Court and the will trust companies in Malaysia. In order to achieve the study’s objectives, the field study involved interviews with judges and muftis in selected states of Malaysia; Selangor, Negeri Sembilan, Malacca, Pahang, Kuala Lumpur and Perak, and responsible officials of will trust companies in Malaysia; Selangor Islamic Religious Council (MAIS), Amanah Raya Berhad, As-Salihin Trustee Berhad, and Wasiyyah Shoppe Berhad. One of the important findings of the research is that the applications of the will for heirs in the Syariah High Court and the will trust companies in Malaysia depend on the consent of other heirs, which are in accordance with the principles of Islamic law and are compatible with Muslim Wills Enactment and Administration of the Religion of Islam Enactment. This study also suggests that the Department of Islamic Development Malaysia (JAKIM) should prepare a paper on will for heirs, so that the National Fatwa Committee of Malaysia and the Fatwa Committee of the States can discuss the paper, make decisions and issue the fatwa concerning the law of will for heirs.

The purpose of the research is to highlight The Obligatory Bequest cases in Malaysia, to explain the analyses of the enactment regarding The Obligatory Bequest Section 27 Muslim Wills (Selangor) Enactment 1999, and to ensure the application is in accordance with the Syariah Law. Thus, the objective of this research is to analyze Obligatory Bequest cases in Selangor relating to the scope of Islamic Fiqh, and to ensure all elements are paralled with The Holy Quran and Sunnah. This research will also answer the question on the execution of The Obligatory Bequest Law and how it is being implemented at the Selangor Syariah Court and whether the analyses of the cases are acceptable to the Syariah Law. The researcher has used several methods to gauge the opinions of modern scholars, regarding The Obligatory Bequest including its reading method. In addition, the descriptive method was used to discuss the execution of The Obligatory Bequest cases at the Selangor Syariah Court and to explain its significance. The analytical method was used to analyze the conditions and procedures of The Obligatory Bequest cases at the Selangor Syariah Court, pertaining to the scope of syariah. Hence, based on the analyses of the cases and interviews with the Chief Judge of Selangor Syariah Court, Dato’ Mukhyuddin Ibrahim regarding The Obligatory Bequest Law, the researcher has arrived at several beneficial conclusions. The researcher has suggested to the Malaysian Department of Syariah Law (JKSM) to decide on the specific method to divide the eligible segment of The Obligatory Bequest, and that the Department of Selangor Islamic Affairs (MAIS) must play an important role to correct the enactment section (27) regarding specific terms relating to children, and to specify the age limit for those who deserve to qualify for the Obligatory Bequest.