PROBLEM TO PETITION RIGHTS TO ISLAMIC INHERITANCE – PRACTICAL SOLUTION FOUND ELSEWHERE THAN THE LEGAL SYSTEM OF MALAYSIA

Abstract

Dampen by their failure to completely replace all Islamic Laws in the Malay States by
the English Common Laws, the British vested more authority on the Civil courts to
handle inheritance cases and wills, thus stripping the Syariah courts of their authority to
distribute Islamic inheritance. The current legal system of Malaysia is laced with
British influences that have caused many conflicting constitutional issues. The current
legal system can neither accommodate a smooth and fluent administration and
distribution of Islamic inheritance nor can it allow for a single Syariah-compliant
system to exist. Muslims will continue to endure spending lots of money and time on
the process flows of the inheritance unless the legal system is free of all British
influences. This predicament is a problem that is seriously in need of a practical
solution that lies in venues other than the legal system, one of which is the use of
network flow model which is researched on by this current on-going study.