Chapter 11 - Administration of Islamic Estate

Question 1

ADMINISTRATION OF ISLAMIC ESTATE

Overview

Answer 1

1) Jurisdiction
2) Distribution
3) Inter vivos gift

Question 2

ADMINISTRATION OF ISLAMIC ESTATE

Jurisdiction

Answer 2

Rosmawati Shariibun

• HC has the jurisdiction to grant probate or LA in relation to Islamic estates;
• once grant has been issued, Shariah court will issue sijil faraid.

Question 3

ADMINISTRATION OF ISLAMIC ESTATE

Distribution - overview

Answer 3

1) Jurisdiction to distribute

2) Non-muslim’s right to distribution

Question 4

DISTRIBUTION OF ISLAMIC ESTATE

Jurisdiction to distribute

Answer 4

Majlis Ugama Islam P. Pinang & Seberang Perai v Shaik Zolkaffily:

• only Shariah court has the jurisdiction on the subject matter of Islamic estate;
• distribution of Islamic estate must be in accordance with Sijil Faraid.

Question 5

DISTRIBUTION OF ISLAMIC ESTATE

Non-Muslim’s right to distribution

Answer 5

Majlis Agama Islam WP v Lim Ee Seng:

• LA can be granted to non-muslim;
• but a non-Muslim cannot inherit the estate of a Muslim even if they are the next-of-kin.

Question 6

ADMINISTRATION OF ISLAMIC ESTATE

Inter vivos gift

Answer 6

Latifah bte Mat Zain v Rosmawati bte Shariibun:

• issues of inter vivos gift is not within the jurisdiction of the civil court;
• entitlement of such gift is within Shariah court.