Pentadbiran harta pusaka orang islam di negeri-negeri utara semenanjung Malaysia: kajian dari aspek penguatkuasaan
Estates of deceased Muslims belong to their legal heirs and must be distributed according to Islamic law (syarak). The act of delaying the application of the estates beyond the reasonable time may cause various conflicts. This study focuses on the needs to establish elements of enforcement in the ap...
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| Format: | Thesis |
| Language: | eng eng eng |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://etd.uum.edu.my/9031/1/s99136_01.pdf https://etd.uum.edu.my/9031/2/s99136_02.pdf https://etd.uum.edu.my/9031/3/s99136_references.docx |
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| Summary: | Estates of deceased Muslims belong to their legal heirs and must be distributed according to Islamic law (syarak). The act of delaying the application of the estates beyond the reasonable time may cause various conflicts. This study focuses on the needs to establish elements of enforcement in the application for the administration of inherited estates. This study aims to; (1) examine the laws and the administrative bodies relating to Muslim estate administration; (2) analyse enforcement aspects of estate law and; (3) evaluate the enforcement espects of the existing laws relating to the delay in the estates’ administration application in addition to the establishment of new law on Muslim estate. This study’s methodology combines both qualitative and quantitative approaches by applying library research and fieldwork to obtain and
analyse data. Library research is the primary method to obtain various information from different sources such as books, statutes and enactments, official reports from government agencies and court cases that are related to the administration of Muslim estate. The fieldwork method, on the other hand, employed questionnaires involving two hundred (200) respondents representing four (4) states namely Perak, Penang, Kedah and Perlis. Besides, structured interview had been executed based on the purposive sampling. The data were analysed using SPSS software along with inductive and deductive approaches. The research outcome indicates that the provisions of Muslim estate law are limited leading to the delays in the application of the estate beyond the reasonable time. As such, this research suggests that the existing enactment on Muslim estate should be improved and a substantive Muslim estate should be enacted by inserting enforcement feature so that the application of estate management can be implemented within the prescribed time. Any heir or administrator who fails to comply with such provision can be penalised. This effort is in line with the mainstream demand for the administration of Muslim estate to be more effective and comprehensive. |
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