Q5.docx - Q5 INHERITANCE RIGHTS UNDER ISLAMIC LAW INTESTACY The general principle of the Islamic law is therefore that the testamentary disposition may

Q5.docx - Q5 INHERITANCE RIGHTS UNDER ISLAMIC LAW INTESTACY...

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Q5. INHERITANCE RIGHTS UNDER ISLAMIC LAW INTESTACY The general principle of the Islamic law is therefore that the testamentary disposition may not exceed one third of the estate of the deceased. The National Council of Muslim Religious Affairs, Malaysia (1974) had issued a ruling or fatwa to the effect that nominees of the Funds in the Employees Provident Fund, banks and insurance companies are in position of persons who carry out the will of the deceased or the testator. Such persons can receive money of the deceased from the sources stated to be divided among the persons who are entitled according to the Islamic law of inheritance. In Section 167 of Insurance Act, is stated that a nominee, other than a nominee under subsection 166 (1), shall receive the policy moneys payable nominee on the death of the policy owner as an executor and not under solely as a beneficiary and any payment to the nominee shall form part of the estate of the deceased policy owner and be subject to his debts and the licensed insurer shall be discharged from liability in respect of the policy moneys paid.. It must be noted that on subsection (1) applies to a nominee of a Muslim policy owner who, on receipt of the policy moneys, shall distribute the policy moneys in accordance with Islamic law. For the authority An-Nisa 11-12, “Allah (thus) directs you as regards your children's (inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-Knowing All Wise. “In what your wives leave, your share is a half, if they leave no child; but if they leave a child, ye get a fourth; after payment of legacies and debts. In what ye leave; their share is a fourth, if ye leave no child; but if ye leave a child, they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each
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