Book Review - (2016) Volume 0, Issue 0

Book Review ‘Islamic Inheritance Law: Implementation in Malaysia’ (Malay Version)

Uqbah Iqbal*
School of History, Politics and Strategy, Faculty of Social Sciences and Humanities, UKM 43650, BangiSelangor, Malaysia
*Corresponding Author: Uqbah Iqbal, School of History, Politics and Strategy, Faculty of Social Sciences and Humanities, UKM 43650, BangiSelangor, Malaysia, Tel: +60389215555 Email:

Abstract

Written by Mohd Zamro Muda and Mohd Ridzuan Awang, this book is a very good effort to be given disseminated to the students. Currently, the general public are very interested to learn and practice the Islamic law, especially matters concerning related to inheritance. Therefore, the authors of this book hope that this book will be should be considered as one of a key reference for students and those who wanted to deepen their knowledge related to Islamic inheritance law. This book is a book that touches two aspects, namely the Islamic inheritance law is provided by using a style that is easy to understand with examples of case resolution. Secondly, this book discusses the implementation of Islamic inheritance law in the context of administration in Malaysia, whether in connection with a small estate, inheritance and estate of the brief. These three types of inheritance are administered by the Division of Small Estate, Amanah Raya Berhad or the Civil High Court, according to the Small Estates (Distribution) Act 1955 or the Probate and Administration Act 1959. Both of these laws were passed by parliament and enforceable against the estate of Muslims and non- Muslims in Malaysia.

Keywords: Islamic, Law, Implementation, Community, Civil High Court

Written by Mohd Zamro Muda and Mohd Ridzuan Awang, this book is a very good effort to be given disseminated to the students. Currently, the general public are very interested to learn and practice the Islamic law, especially matters concerning related to inheritance. Therefore, the authors of this book hope that this book will be should be considered as one of a key reference for students and those who wanted to deepen their knowledge related to Islamic inheritance law. This book is a book that touches two aspects, namely the Islamic inheritance law is provided by using a style that is easy to understand with examples of case resolution. Secondly, this book discusses the implementation of Islamic inheritance law in the context of administration in Malaysia, whether in connection with a small estate, inheritance and estate of the brief. These three types of inheritance are administered by the Division of Small Estate, Amanah Raya Berhad or the Civil High Court, according to the Small Estates (Distribution) Act 1955 or the Probate and Administration Act 1959. Both of these laws were passed by parliament and enforceable against the estate of Muslims and non- Muslims in Malaysia.

In the administration and settlement of Muslim inheritance, Islamic inheritance law is fully implemented, particularly in terms of the determination of heirs and their shares are entitled to receive it. Here lies the role of Syariah Court states in issuing a certificate heirs or faraid certificates as well as matters related to Islamic law. Islamic inheritance law is the basis for the preparation of certificates of inheritance. Inheritance law is based on the opinion of the Shafi’i sect, an example of Muslims in Malaysia.

The book is divided into several chapters, namely the concept of inheritance law of Islam, the type of beneficiaries and the position in the inheritance law of Islam, the doctrine of fencing and the calculation method of the estate, the doctrine of al-awl and al-radd in inheritance law of Islam, competition between grandparents and brother and certain groups heir inheriting within the Islamic inheritance law, cases of exclusion, munasakhah and takharuj in Islamic inheritance law, administrative law and Muslim inheritance in Malaysia and the current issues in the law legal and administrative Muslim inheritance in Malaysia. Islam is very concerned about the distribution of the estate of the deceased to determine a number of things related to it. The important things to know are to take care of the property of a deceased person of any irregularities in its distribution to the beneficiaries. Things that are in harmony, reason, conditions and obstacles inheritance which form the basis of the distribution of inheritance in Islam. In addition, the types of beneficiaries will be discussed briefly in this book so that it can be identified which of them has the right to inheritance and vice versa. However, before any distribution is made to be solved with the right of inheritance. These rights include funeral expenses, debt servicing, execution of wills, matrimonial property and the division of the inheritance and all these things be fulfilled according to its sequence. In Islamic family law in Malaysia, matrimonial property can be claimed by the spouses in the event of divorce or the death of either party. Matrimonial property is property acquired by spouses either directly or indirectly during their marriage according to the conditions prescribed by Islamic law. Property to which such movable property such as cars, money, furniture and other movable and immovable property such as land and houses. Determination of which will be acquired by one of the parties either spouse to matrimonial property depends on the discretion of the court. Fencing methods play a very important role in Islamic inheritance jurisprudence as it will determine the position of a beneficiary whether he has the right to inherit or otherwise.

Citation: Iqbal U (2016) Book Review ‘Islamic Inheritance Law: Implementation in Malaysia’ (Malay Version)

Copyright: © 2016 Iqbal U. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.