Resolve conflict between civil, Islamic law on property, govt told

Resolve conflict between civil, Islamic law on property, govt told

Former deputy law minister Hanipa Maidin says this conflict was not addressed in the recent amendment to the Small Estates (Distribution) Act 1955.

Former deputy law minister Hanipa Maidin said conflict is often created between Islamic law and civil law, like in cases when a convert does not change the nominee for his EPF account.
PETALING JAYA:
Putrajaya must address the thorny issue of movable property belonging to those who embrace Islam prior to their deaths, a former deputy law minister said.

Movable property refers to tangible assets, such as jewellery, vehicles, money in bank accounts or computers, but does not include land or buildings.

Hanipa Maidin said in some cases involving money from the Employees’ Provident Fund, the contributor did not change the nominees after their conversion.

This, he said, created a conflict between Islamic law and civil law when it came to the execution of the estate of the deceased.

Hanipa Maidin.

Islamic law bars a non-Muslim from being an administrator of an estate belonging to a Muslim, Hanipa said, adding that when one converts to Islam, their estate becomes a “Muslim estate”.

“The recent amendment seems oblivious to this. This is going to create problems in the future,” he told FMT, referring to amendments made to the Small Estates (Distribution) Act 1955 or Act 98, which was passed last night.

Hanipa had raised the matter when debating the amendments yesterday.

The Sepang MP went on to compare the matter with that of an interfaith custody battle which presented a similar complication, in terms of the set of laws that should be applicable to such a case.

“Proper consultation is needed for this as it involves Muslims and non-Muslims.”

Hanipa believed the current administration had rushed into getting the bill passed, noting that it was passed late in the evening when not many MPs were present in the lower house.

He also claimed the opposition was not consulted over the proposed amendments.

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