Pentadbiran Undang-Undang Harta Pusaka Mualaf Di Malaysia: Satu Sorotan Literatur

Mohd Zainudin Wan Yusoff, Nurulhuda Ahmad Zaki, L. Abdullah
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引用次数: 1

Abstract

Inheritance is something that has material value left by a person after his death which is obtained during his life truly and becomes the perfect property during his life and is eternally owned by simati until he dies. In Malaysia, the distribution of Islamic inheritance is subject to faraid law, in which non-Muslims cannot inherit Muslim property. However, for the property of non-Muslims, there is a law that protects it, namely the Distribution (Amendment) Act 1997, Act 1004. This Act does not state that Muslims cannot inherit the inheritance of non-Muslims. The distribution is made to the heirs based on the kinship relationship and marriage regardless of religion. This means that Muslims also inherit the property of non-Muslims. The two main methods of distributing inheritance that is practiced in Malaysia are the distribution method according to Islamic law for the death of a Muslim and the distribution method according to civil law which affects the Act of Dispensing 1958 (Act 300) for the death of non-Muslims. Both mechanisms involve converts, either converts as the dead or as heirs. Those with the title of convert to Islam have their uniqueness in the distribution of inheritance which is different from the usual inheritance distribution mechanism. Due to these differences in distribution, this study was carried out to highlight the administration of inheritance laws involving converts to Islam in Malaysia. This study was conducted using a qualitative method by taking a literature review approach, also continuing the content analysis design. The results of the study highlights that have been carried out show that there have been many writings, ideas, and discussions regarding this case made by the reviewers. The results of the study found that there are procedures and provisions for laws in the settlement of inheritance involving heirs of converts if they are not Muslim, as well as if converts are heirs to the property of the dead who are not Muslim. Therefore, with an explanation of the administration of the law in this study, it can resolve errors to the public regarding the issue of inheritance and property inheritance involving converts in Malaysia.
遗产是人死后所遗留的具有物质价值的东西,是在人的一生中真正获得的,在人的一生中成为完美的财产,永远归司马提所有,直到他去世。在马来西亚,伊斯兰教遗产的分配受伊斯兰教法的约束,该法律规定非穆斯林不能继承穆斯林的财产。然而,对于非穆斯林的财产,有一部法律保护它,即1997年的《分配(修正)法》和《1004法》。该法案并没有规定穆斯林不能继承非穆斯林的遗产。根据亲属关系和婚姻关系分配给继承人,而不考虑宗教信仰。这意味着穆斯林也继承非穆斯林的财产。马来西亚实行的两种主要遗产分配方法是根据伊斯兰法对穆斯林死亡的分配方法和根据民法对非穆斯林死亡的分配方法,后者影响了1958年《分配法》(第300号法令)。这两种机制都涉及皈依者,要么作为死者皈依,要么作为继承人皈依。皈依伊斯兰者在遗产分配上有其独特之处,不同于一般的遗产分配机制。由于这些分布上的差异,本研究的目的是强调马来西亚涉及皈依伊斯兰教的继承法的管理。本研究采用文献综述的定性方法,并继续进行内容分析设计。已经开展的研究亮点的结果表明,审稿人对此案例进行了许多写作,想法和讨论。研究结果发现,在处理涉及非穆斯林的皈依者继承人的遗产方面,以及皈依者是非穆斯林死者财产的继承人时,法律有程序和规定。因此,通过本研究对法律行政的解释,可以解决公众在马来西亚涉及皈依者的继承和财产继承问题上的错误。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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