Malaysia Law Comparison Essay 2022

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Malaysia Law
Comparison
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Abstract
In Malaysia, two parallel systems of law govern the matter of inheritance. Two different
communities living in the Malaysia are non-Muslims, Muslims, civil law govern the non-
Muslims, and Islamic law regulates Muslims. In case change in the religion, the potential
conflicts are not prevented under this segregation. This essay pursues to inspect the
alterations between these two systems of law of legacy and examine that conflicts and their
management.
Introduction
The objective of this essay is to examine the governance of law and impact of these different
laws in the legacy and conflict management in case of the changes in the religion. In
Malaysia, two parallel systems of law govern the matter of inheritance. Two different
communities living in the Malaysia are non-Muslims, Muslims, civil law govern the non-
Muslims, and Islamic law regulates Muslims. This essay will examine the transformations
among the civil and Islamic law of legacy, in admiration of the law of testacy and intestacy
applicable to Peninsular Malaysia on the Muslims and non-Muslims. Facts of the case were
based whether non-Muslim wife was entitled to claim the right in the property of her Muslim
husband1.
Testacy under Muslim Law
Wasiyya is the Arabic term for a will, denotes to an aptitude of possessions by its proprietor
to another dependent on the benefactor’s decease2.
Abdullah Ibn Umar described the Prophet Muhammad (peace be upon him) as maxim:
1 See the Wills Act 1959, s 2(1). A will also include a testament, a codicil and an
appointment by will or by writing in the nature of a will in exercise of a power and also a
disposition by will or testament of the guardianship, custody and tuition of any child
2 See the Inheritance (Family Provision) Act, s 3(1).

It is not right for a Muslim who has property regarding which he must make a will that he
should sleep for two nights (consecutively) but that his will should be written down with
him3.
Any adult in the Muslim is eligible to make a will, not essential to write but it can be recite or
verbally presented. Muslim law allows the consumption and transfer of only Halal property.
Testacy under Non-Muslim Law
A will is a announcement planned to compel legal consequence of the purposes of a testator
with admiration to his possessions or other materials which he wishes to be approved into
effect after his death. The Wills Act 1959 directs a will made by non-Muslims essential to
comply with all the requirements. A will made in writing, duly signed by a sound mind
person who attended the age of majority is considered valid takes consequence upon the
death of the testator. It can be cancelled at any time by creation another valid will. If these
requirements are fulfilled, the will shall be valid.
Non-Muslims and intestacy
The Distribution Act 1958, discuss the distribution of the movable property of the person
who was domiciled at the time of death, in the case of a non-Muslim. Estate of a person who
dies intestate are essential to distribute according to the Distribution Act with some certain
conditions. The Distribution Act defines the word issue as to include „children and the
descendants of deceased children, and the same act describe the child a legitimate child but
does not include an adopted child with certain implications4. Not all the sections and
definition of the act are applied to the Muslims in the Malaysia peninsular5.
3 See Maulana Muhammad Ali, A Manual of Hadith (Lahore: Ahmadiyya Anjuman Ishaat
Islam, 2nd Ed, 1992) 334 (B. 55: 1). See also Razali Hj Nawawi, Towards A Muslim Law of
Wills In Malaysia (1989) IIU Law Journal, Vol 1 No.1, 163, 167 who quoted from Al-
Bukhari, Sahih, Vol. 1, 383
4 See the Inheritance (Family Provision) Act, s 3(1)
5 See the Distribution Act, s 6(3).