قانون الوصية الواجبة في ولاية سلانجور : دراسة وصفية تحليلية

Abstract

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.