SHAS 3368: Islamic Law of Succession Assignment, IIUM, Malaysia

A case was brought before you, as the Registrar in the High Court of Kuala Lumpur. The deceased, whose name was Jaafar died of a heart attack on 1/06/2022. His wife, Maimunah applied for the distribution of Jaafar’s estate on 2/10/2022. The surviving heirs of the deceased were as follows:

Dearman, Rosmah, Karim, Murni, Jalak, Dahlia, Delani, Murad, Khadijah, Salleh, Adam, Melati, Maimunah, Mariam, Aishah, Rodhiah (who is missing since 4 years ago), Sepiah, Deris, Maimun, Ruzita, Amira, Kamil, and Hassan.

During the hearing for the distribution of the deceased’s property, Aishah produced a will, which was allegedly written by the deceased a week before his death bequeathing RM 200,000 to Kamil to build a house for his family. It bore the signatures of the deceased and two witnesses. The will was contested by all except Aishah.

Adam claimed that the deceased owed him RM 100,000 and his claim was confirmed by Mariam. During the hearing, Mariam disclosed that the deceased had made a vow (Nazar) to give RM 100,000 from his Employees’ Provident Fund (EPF) account to his former primary school upon his retirement.

A list of the deceased’s assets was presented during the hearing, as follows:

• Money obtained from the EPF upon the deceased’s retirement amounted to RM 500,000.
• Contribution from a fund raised by the deceased’s friends upon his death amounting to RM 20,000. 00.
• An amount of RM 500,000 from the deceased’s employer as a gratuitous payment for his long service.
• An amount of RM 300,000 in Tabung Haji where Maimunah was named as the nominee.
• An amount of RM 300,000 in the Bank Islam saving account.
• 3 acres of land in Sepang are valued at RM 3.1 million.
• A semi-detached house in Bandar Tun Hussein Onn valued at RM 800,000 has been transferred to Mariam.
• A bungalow in Petaling Jaya is valued at RM 1 million.
• Cars which are valued at RM 300,000.
• Jewelry worth RM 200,000.
• Cash of RM 100,000.

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