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Bequest To Heirs: A Review From The Perspective Of Malaysian Statute

Bequest to heirs have always been an issue of discussion among Islamic scholars. One reason for this is it involves a biased perspective if parents bequeath to heirs whom already inherit the assets as they will inherit from couple means. In this aspects, Muslim community were influence by conventional law rather than the Islamic law. Therefore, the paper aims to study on legal provisions regarding bequest to heirs, particularly with reference to the Muslim Wills Enactment of Malaysia. This study will examined whether the current provisions are aligned with the Shafi’i school of law or preferred to other school of thought. As well as the underlined provisions in term of soundness and robustness of the views. Hence, this paper will divide discussions into two. First, analysis of opinions from prominent scholars which based on accuracy of the arguments. Second, examine latest development in the Muslim Wills Enactment in Malaysia with regards to bequest to heirs. Data were attained through qualitative study and library research. Findings from this study shown that the statute have adopt a few preferred views that compliant to the maqasid of shariah without restricted to particular school of law, including on the bequest to heirs. One is permitted to bequest to his heirs provided of one-third of his asset. © 2019 Published by Future Academy www.FutureAcademy.org.UK