Essay Example on Distribution of heritance among Muslim community in Malaysia








Distribution of heritance among Muslim community in Malaysia are actually based on Islamic Law There are four institution that handle the distribution of the estate and each have their own set of jurisdiction According to Akta Perbadanan Amanah Raya Berhad Act 532 Amanah Raya Berhad ARB control s the deceased s estate which are movable property and its value not more than RM 600 000 even a person dies testate or intestates For instance the deceased had left the money in saving financial institution such as Bank Simpanan Nasional BSN ASB Employees Provident Fund EPF or vehicle such as cars and motorcycles or shares and dividends There are different procedures depending on the value of the estate ARB will issue Order and deliver it to the heir if the value is more than RM 50 000 in cash Declaration will be issued and later the assets will be combined together if the value is more than RM 50 000 but less than RM 600 000 Amanah Rakyat Berhad will proceed with the distribution according to Faraid right after the net estates of the deceased have been determined The next institution is the Seksyen Pembahagian Pusaka Pejabat Tanah which is a state or district level which well known as distribution unit inheritance This institution basically handles property of the deceased who leaves immovable property such as land or movable property such as money in bank deposit which the value is not more than RM 600 000 and property without a will according to the Will Act 1955 Furthermore Mahkamah Tinggi institution normally handles large estate which deals with deceased s property which are either immovable property or personal property which worth more than RM 600 000 or property without a will related to the non Muslim Appeal case under Section 29 of the Small Estate Distribution Act 1955 Act 98 Regulations which used Probate and Administration Act 1959 is also handle by the High Court

In another hand the Shariah Court only has rights to determine the eligibility of heirs and certified their share by issuing inheritance certificate according to Administration of Islamic Law Islamic inheritance law is called Al Faraid which was established by the holy Quran and the Sunnah Al Faraid consist of several verse from Holy Quran such as the verse from what is left by parents and those nearest related there is a share for men and a share for women whether the property be small or large a determinate share states that there are is a fixed share for both man and woman when comes to inheritance According to the verse 4 11 states the share of man and woman that will be inherited The share of a son is equivalent to two daughters and if there is only a daughter than she will get half of the inheritance if there is no son If there are more than one daughter than they will receive two thirds of the property and if there is only a son than he is entitled to all the property

The verse also state the parent s share from the deceased's property where when the deceased has children then the parent will receive a sixth each and if no children than the parents will be the heirs that the mother will get a third If the deceased has siblings than the mother s share is one sixth after the payment of any legacies or debt In the verse 4 12 describes the husband's and wife s shares If the wife leave and they do not have a child that the husband own half of the property If they have children than the husband will receive a quarter after paying any legacies or settling the debt If the husband leave than the wives shall inherit a quarter of the property if they do not have children but if they do have a child than the wives shall receive one eighth after paying any legacies or settling the debt According to the verse 4 176 states that the brother can receive all the property if the sister do not have a child or parent but the sister can only get half of the brother s property if the brother do not have child or parents The issue that a son get a share equivalent to that two daughter had create a vigorous equality debate Basically some argue that in Islam women s share in inheritance is unfair and unjustified where it is decided base on of gender which violates the international human rights Consequently numerous NGOs and few personalities in Muslim countries have asked for equal inheritance rights In contrast the Muslims had argue that the shares of a male are double than that of a female not because a male is worth more whereas it is because the male has the duty to support his family Meanwhile the female is excluded from any sort of financial responsibility However if see as a whole it would be very clear that in Islamic law is financially favourable to women compare to males It should be acknowledge that the share of a man is more than the woman is not true across the board There are some instance where that men and women take an equal sum of inheritance for example the father and the mother of the deceased who share an equal amount of property This clearly show that there were no difference between man and woman

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