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Published in:
2019 | OriginalPaper | Chapter
Wasiyyah Wajibah Law in Malaysia—Concept, Application and Practices
Authors : Mohd Shukri Jusoh, Zunaidah Sulong, Ahmad Othman, Mohd Rahim Ariffin
Published in: Islamic Development Management
Publisher: Springer Singapore
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Abstract
The objective of this paper is to examine the concept and application of wasiyyah wajibah in the Islamic legislature, as well as assessing the effectiveness of its implementation in Malaysia and several other Islamic countries. The study is primarily qualitative whereby the source comes from library research and literature. It provides the focus of the topic. This study found that the law of wasiyyah wajibah was against the original concept of the Islamic inheritance system but was done under the concept of maslahah. Its application is still at an early stage although it was introduced in 1999 and became effective in 2004 in Selangor. Its enforcement is inconsistent among Islamic countries that practiced it. This paper suggests that it is necessary to introduce special provision on wasiyyah wajibah in other states in Malaysia, in the spirit of tackling neglect orphans and expedite distribution of inheritance following death.