The challenge faced by shariah law in respect of distribution of inheritance in multi-ethnic communities: Case study in Beaufort, Sabah, Malaysia

Zaini Nasohah, Hayatullah Laluddin, Zuliza Mohd. Kusrin, Mohd. Al Adib Samuri, Amir Husin Mohd Nor, Salmy Edawati Yaacob, Mohd Rizal Muwazir

Research output: Contribution to journalArticle

Abstract

The Federal Constitution has granted jurisdiction over Islamic affairs to each state through the 2nd list of the 9fh schedule. Based on this jurisdiction, the states have approved laws relating to the Muslim community including distribution of a deceased estate. In the context of a multi-ethnic Muslim community, state customary and traditional laws pose a rather significant challenge to the effective operation of Shariah Courts. Results of a study conducted in 2009 indicate that elements of ethnicity and custom have more or less constrained the Shariah Courts from carrying outthis jurisdiction. It is observed that in addition to consulting the Shariah Courts, bumiputra communities in the study area continue to adhere to customs in matters relating tothe distribution of inheritance. This study discusses this phenomena and attempts to deliberate on the approach adopted by courts in handling of the relevant cases.

Original languageEnglish
Pages (from-to)228-232
Number of pages5
JournalInternational Business Management
Volume6
Issue number2
DOIs
Publication statusPublished - 2012

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Malaysia
Jurisdiction
Muslims
Consulting
Schedule
Constitution
Ethnic groups

Keywords

  • Federal constitution
  • Inheritance
  • Malaysia
  • Multi-ethnic communities
  • Shariah courts
  • Shariah law

ASJC Scopus subject areas

  • Business and International Management
  • Strategy and Management

Cite this

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abstract = "The Federal Constitution has granted jurisdiction over Islamic affairs to each state through the 2nd list of the 9fh schedule. Based on this jurisdiction, the states have approved laws relating to the Muslim community including distribution of a deceased estate. In the context of a multi-ethnic Muslim community, state customary and traditional laws pose a rather significant challenge to the effective operation of Shariah Courts. Results of a study conducted in 2009 indicate that elements of ethnicity and custom have more or less constrained the Shariah Courts from carrying outthis jurisdiction. It is observed that in addition to consulting the Shariah Courts, bumiputra communities in the study area continue to adhere to customs in matters relating tothe distribution of inheritance. This study discusses this phenomena and attempts to deliberate on the approach adopted by courts in handling of the relevant cases.",
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author = "Zaini Nasohah and Hayatullah Laluddin and {Mohd. Kusrin}, Zuliza and Samuri, {Mohd. Al Adib} and Nor, {Amir Husin Mohd} and Yaacob, {Salmy Edawati} and Muwazir, {Mohd Rizal}",
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AU - Mohd. Kusrin, Zuliza

AU - Samuri, Mohd. Al Adib

AU - Nor, Amir Husin Mohd

AU - Yaacob, Salmy Edawati

AU - Muwazir, Mohd Rizal

PY - 2012

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N2 - The Federal Constitution has granted jurisdiction over Islamic affairs to each state through the 2nd list of the 9fh schedule. Based on this jurisdiction, the states have approved laws relating to the Muslim community including distribution of a deceased estate. In the context of a multi-ethnic Muslim community, state customary and traditional laws pose a rather significant challenge to the effective operation of Shariah Courts. Results of a study conducted in 2009 indicate that elements of ethnicity and custom have more or less constrained the Shariah Courts from carrying outthis jurisdiction. It is observed that in addition to consulting the Shariah Courts, bumiputra communities in the study area continue to adhere to customs in matters relating tothe distribution of inheritance. This study discusses this phenomena and attempts to deliberate on the approach adopted by courts in handling of the relevant cases.

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