Topic > Wealth Distribution Problems of Muslims in...

WEALTH DISTRIBUTION PROBLEMS OF MUSLIM IN THE LAW CONTEXT OF MALAYSIA.INTRODUCTIONThe wealth distributions of Muslims in this country are actually based on Islamic law, although Faraid law The primary applicable law is civil law. This is because the law is only available for purely administrative matters, such as methods for applying subdivision, the application process, delegation of authority, and so on. In the determination of heirs, respectively in the division and in matters relating to distribution, everything is 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 shall be in accordance with the law applicable to it. This means that for Muslims the division of assets will have to take place in accordance with the Faraid Law. Under section 12(7) 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 of the deceased estate and decide who will follow the law law are the beneficiaries, the participation rate and their respective interests." So, under section 19(1)(a) Small Estates (Distribution) Act, 1955, it is stated that if people have any queries relating to Islamic law, including the law of inheritance and anything related thereto such as determining of the paternity of children, grants, inheritance, etc., can continue to refer to their state authorities. OWNER ADMINISTRATION JURISDICTION. Administrative jurisdiction of the estate has been placed under the Ninth Schedule, Schedule 1 and the Federal Register under Article 4(e)(I) which states that “ Inheritance by will and intestate, succession and letter… half of the document ... Existing provisions in the implementation of the law will not comply with section 3.2) Death hypothesis: every application for division of the inheritance must be accompanied by proof of death of death, while proof of death of a missing person is an order issued by the court which presupposes that the missing person was dead and was known as a “presumption of death order”. 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 the Rules of 1987. However, the of death issued by a Sharia court is to allow the wife to remarry but not to distribute the assets.4) Restriction on acquisition of land by law.