Article Per Year (5 Year)
p-Index From 2020 - 2025
0.444
P-Index
This Author published in this journals
All Journal DE JURE The Indonesian Journal of Socio-Legal Studies
Drs Nasrul, Muhammad Amrullah
Unknown Affiliation
Education Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Unraveling Legal Complexities: Muslim and non-Muslim Estate Administration Process in Malaysia and Brunei Drs Nasrul, Muhammad Amrullah; A Alihan, Siti Azizah; Hamid, Aimi Atiqah Abdul; Sultan, Benny
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 2 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i2.29827

Abstract

Estate administration involves managing and distributing a deceased individual’s assets to beneficiaries, as well as managing the liabilities. This process comprises legal, financial, and administrative tasks that ensure assets are transferred based on the deceased's wishes and in accordance with the law. In Southeast Asia countries such as Indonesia, Malaysia and Brunei where Muslims represents the majority of population, the Islamic law plays an integral part in the inheritance management as the process to be in line with the Islamic teachings and principle. The role of the syariah authority namely the syariah courts is prevalent and therefore, abidance to the rule under the syariah legal system in these countries is a must to ensure smoothness and legal compliance. In this with statement, the paper explores inheritance management in Malaysia and Brunei through a comparative legal study, highlighting the distinct frameworks under the common law, Islamic law and customary practices. The study employs a comparative legal research methodology, utilising library-based research by drawing the primary and secondary sources, including statutory provisions, case law, academic literature, and official reports, to examine the legal frameworks, key issues, and recent developments in both jurisdictions. Findings reveal that the highlighted occurring issues require a careful and systematic approach to resolving them to avoid unwanted delay, which prevents the completion of the inheritance management and denies the entitlement of the beneficiaries.
Examining the Legal Responsibilities and Key Challenges of Personal Representatives in Malaysian Inheritance Management Drs Nasrul, Muhammad Amrullah; Zairin Zain, Anis A'fifah; Wan Mohd Salim, Wan Noraini
The Indonesian Journal of Socio-Legal Studies Vol. 4, No. 2
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Personal representative connotes a person authorised under the law to manage the estate of the deceased person. The personal representative is responsible to gather all the assets belonging to the deceased and distribute the assets to the beneficiaries legally. The process of inheritance management in Malaysia requires a formal application to be made to the administrative bodies for the appointment of a personal representative, either as an executor or administrator. However, instances of misappropriation of the deceased’s estate by personal representatives have raised serious concerns, affecting the proper administration of estates and the rights of beneficiaries This study emphasises on the highlighted issue based on their frequency of recurrence, which calls for prompt attention and resolution from the socio-legal perspective. The research method adopted under this study involves library-based research, which focuses on a review of legal texts, case law, academic journals, and statutory provisions including but not limited to the Distribution Act 1958, Federal Constitution and Small Estate (Distribution) Act 1955. The study found that having comprehensive knowledge of the rights and duties of personal representatives is paramount in ensuring the completion of inheritance management. This is coupled with the elements of trust and honesty expected to be exercised by the personal representative to ensure smoothness and consistency in inheritance management.
Co-Authors A Alihan, Siti Azizah Hamid, Aimi Atiqah Abdul Sultan, Benny Wan Mohd Salim, Wan Noraini Zairin Zain, Anis A'fifah