Azizah outlines inheritance issues under Islamic law

KOTA KINABALU: Community Development and Consumer Affairs Minister Datuk Azizah Mohd Dun has outlined three issues which she said has brought about complications in matters related to inheritance under the Islamic law. They are the hiding of information on heirs, the issue of non-Muslim heirs and the division of inheritance.On  hiding of information, she cited a situation where a deceased’s property was  inherited by five heirs but only four were brought forward to the Syariah Court.

“When the hidden heir retaliates and brings the case to the court, the hearing will take time due to greed on the part of the heirs who have the domination over the hidden heir.

“The neglected heir would want to defend the inheritance under the Syariah Law; thus, the burden of proof lies with the person and he or she has to come up with a strong evidence for the Syariah Court’s perusal,” she said in her speech at a seminar on Islamic Inheritance Law.

Azizah, a former magistrate, said confusion also arose when the deceased leaves behind non-Muslim heirs. She said according to Islamic inheritance law, non-Muslim heirs were not entitled to inherit the deceased’s property.

“Even if the claims are brought up at the Civil Court, it will not be heard because the judge does not have the jurisdiction to deal with it,” she said.

Azizah said the division of inheritance according to the Farid law was seen to be unfair to women as male heirs were given a bigger portion of the inheritance compared to the female heirs.

However, she said, this was because the males were responsible for their parents and female siblings even though they had their own families to support. — Bernama

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