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ANALYSIS

Our group has conducted an online survey about Inheritance Among Muslim and non-Muslim using Google Forms. This survey form has been separated into 4 sections and it consists of 15 questions in total. The main objective of conducting this online survey is to collect data among the UUM TISSA community and to investigate the knowledge and awareness of the said community on inheritance law. The online survey was conducted for 2 days, starting from 15th November 2022 until 16th November 2022. At the end of the period, we managed to collect 30 responses from the targeted community.

PART I - DEMOGRAPHIC

Among the 30 respondents, 22 of them (73.3%) are females while the rest (8 of the respondents or 26.7%) are males.

PART II - BASIC KNOWLEDGE ABOUT INHERITANCE

                                                         

There is only 1 out of the 30 respondents (3.3%) have no idea on what inheritance is. Hence, we truly believe that most of the UUM TISSA community has a basic legal understanding or at least has a certain level of awareness about the concept of inheritance.
 

PART III - LEGAL UNDERSTANDING ON MUSLIM AND NON-MUSLIM INHERITANCE

                                                         

We can see from this diagram that there are 19 respondents (equivalent to 63.3% of the total respondents) who agree that there are different laws governing inheritance matters for Muslims and non-Muslims. In practice, the non-Muslims are solely subject to civil law statutes such as Wills Act 1959 and Distribution Act 1958 while dealing with inheritance matters. With regards to these legal frameworks, the law governing testacy inheritance will be the Wills Act 1959 while the Distribution Act 1958 normally come into play in the event when the deceased died intestate. In contrast, the estate administration for Muslims will be governed by both civil and Shariah law on the account that each of them possesses exclusive authorities in particular regions of inheritance. The court recognition of Islamic law as the governing law of property for Muslims has been expressly provided under Section 25 of the Civil Law Act 1956. In accordance with this statutory provision, Islamic law shall have its position with respect to the disposal and devolution of property among Muslims where the application of English Law principles shall be limited to the extent of non-Muslims.

It can be noticed that more than one-third of the respondents (11 out of 30 respondents) claim that they lack understanding of the duality of inheritance law in Malaysia. This is most likely due to their unawareness of the 9th Schedule of the Federal Constitution which excludes Muslims from the rule of inheritance. However, both sets of inheritance laws are indeed in a parallel position to each other, and it has consequently led to the uniqueness of inheritance law in Malaysia.

PART IV - PROCEDURES OF MUSLIM AND NON-MUSLIM INHERITANCE

                                                        

From the figure, 20 out of the 30 respondents, which is equivalent to 66.7% of the total respondents, concurred that it is a must to apply and obtain a letter of representation from the relevant authority before inheriting the property of a deceased. Accordingly, it is believed that most of the respondents indeed look the letter of representation as the essential legal instrument in triggering the process of estate administration. By contrast, 33.3 % of the respondents (10 out of 30 respondents) are with the perspective that the deceased’s property can automatically and directly be inherited even without the letter of representation, seemingly as the consequence of being strange with the formalities of property distribution. 

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