The Social Sciences

Year: 2014
Volume: 9
Issue: 2
Page No. 98 - 101

The Legal Rights and Duties of Administrators and Executors of Deceased Muslims’ Property in Malaysia

Authors : Siti Asishah Hassan and Rusnadewi Abdul Rashid

Abstract: In Malaysia, the administration of property for the Muslim should be in accordance with Islamic law. However, if it is not properly administered to a certain degree, it will create harm to the well-being of the community. Recently, statistic reveals that some RM52 billion worth of assets and property left behind by the deceased remained unclaimed due to poor administrative procedures in the distribution of estates to the rightful Muslim heirs. Therefore, the appointment of administrators and executors could be an important part in the Islamic estate management because they are responsible for collecting, maintaining and protecting the deceased’s estate pending on the final distribution. One of the problems is the confusion as to the legal rights and responsibilities of administrators and executors. There are possibilities that they may misuse their powers or misappropriate the property of the deceased. As a result, the property rights of the beneficiaries are violated and the distribution of the deceased’s property could not be properly managed and resolved. In fact, it may lead to serious disputes or conflicts among family members over estates left by the deceased and consequently it may create disorder to the Muslim family institution and society. Thus, a legal study on the issues relating to the rights and duties of the administrators executors need to be conducted because it is clearly important to the benefits of Muslim community. In fact, the researchers opine that there is a real need to introduce a regulatory framework regarding the rights and liabilities of administrators and executors in Malaysia because it should be outlined to overcome some identified statutory, non-statutory, as well as the policy currently practices by related bodies and institutions in Malaysia. This study is based on a qualitative study and the approach to be applied is a content analysis methodology.

How to cite this article:

Siti Asishah Hassan and Rusnadewi Abdul Rashid, 2014. The Legal Rights and Duties of Administrators and Executors of Deceased Muslims’ Property in Malaysia. The Social Sciences, 9: 98-101.

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