Administration of a Muslim's estate under section 17 of the public trust corporation act 1995 with special reference to transfer of vehicles

As one of the administrative bodies, Amanah Raya Berhad (ARB) possesses jurisdiction in administering the deceased’s movable estate through the issuance of letters of declaration and direction respectively. Applying for such document requires the applicant to attach the fara’id certificate as pa...

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Main Authors:	Drs Nasrul, Muhammad Amrullah, Mohd Salim, Wan Noraini
Format:	Article
Language:	English English
Published:	IIUM Press 2017
Subjects:	K Law (General) KBP Islamic Law
Online Access:	http://irep.iium.edu.my/59182/ http://irep.iium.edu.my/59182/ http://irep.iium.edu.my/59182/1/59182_ADMINISTRATION%20OF%20A%20MUSLIM%E2%80%99S%20ESTATE%20UNDER_article.pdf http://irep.iium.edu.my/59182/8/59182_ADMINISTRATION%20OF%20A%20MUSLIM%E2%80%99S%20ESTATE%20UNDER_WOS.pdf

id	iium-59182
recordtype	eprints
spelling	iium-591822018-05-05T05:46:14Z http://irep.iium.edu.my/59182/ Administration of a Muslim's estate under section 17 of the public trust corporation act 1995 with special reference to transfer of vehicles Drs Nasrul, Muhammad Amrullah Mohd Salim, Wan Noraini K Law (General) KBP Islamic Law As one of the administrative bodies, Amanah Raya Berhad (ARB) possesses jurisdiction in administering the deceased’s movable estate through the issuance of letters of declaration and direction respectively. Applying for such document requires the applicant to attach the fara’id certificate as part of the application. The problem, however, is the superfluity of the fara’id certificate in estate cases involving the transfer of ownership of the deceased’s vehicle. This is due to the rule set by the Road Transport Department (RTD) which allows for only a single name to be registered as the new owner, and thus renders the fara’id certificate inoperable. Since the ARB still requires the fara’id certificate in cases involving the administration of vehicles, this requirement is burdensome to the beneficiaries as they have to incur additional costs, as well as spend time and effort to obtain the certificate. This article addresses the problem in relation to estate administration by ARB involving vehicles under Section 17 of the Public Trust Corporation Act 1995 and analyses the implication of such rule towards estate administration. It is based primarily on the analysis of written sources, namely, textbooks, statutes, by laws and journals. The findings from this article show that there is a need to improve the policy of the ARB and the RTD in providing a more efficient means to the public in the administration of the estate of a Muslims. IIUM Press 2017 Article PeerReviewed application/pdf en http://irep.iium.edu.my/59182/1/59182_ADMINISTRATION%20OF%20A%20MUSLIM%E2%80%99S%20ESTATE%20UNDER_article.pdf application/pdf en http://irep.iium.edu.my/59182/8/59182_ADMINISTRATION%20OF%20A%20MUSLIM%E2%80%99S%20ESTATE%20UNDER_WOS.pdf Drs Nasrul, Muhammad Amrullah and Mohd Salim, Wan Noraini (2017) Administration of a Muslim's estate under section 17 of the public trust corporation act 1995 with special reference to transfer of vehicles. IIUM Law Journal, 25 (1). pp. 121-136. ISSN 0128-2530 E-ISSN 0128-2530 http://journals.iium.edu.my/iiumlj/index.php/iiumlj/about
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General) KBP Islamic Law
spellingShingle	K Law (General) KBP Islamic Law Drs Nasrul, Muhammad Amrullah Mohd Salim, Wan Noraini Administration of a Muslim's estate under section 17 of the public trust corporation act 1995 with special reference to transfer of vehicles
description	As one of the administrative bodies, Amanah Raya Berhad (ARB) possesses jurisdiction in administering the deceased’s movable estate through the issuance of letters of declaration and direction respectively. Applying for such document requires the applicant to attach the fara’id certificate as part of the application. The problem, however, is the superfluity of the fara’id certificate in estate cases involving the transfer of ownership of the deceased’s vehicle. This is due to the rule set by the Road Transport Department (RTD) which allows for only a single name to be registered as the new owner, and thus renders the fara’id certificate inoperable. Since the ARB still requires the fara’id certificate in cases involving the administration of vehicles, this requirement is burdensome to the beneficiaries as they have to incur additional costs, as well as spend time and effort to obtain the certificate. This article addresses the problem in relation to estate administration by ARB involving vehicles under Section 17 of the Public Trust Corporation Act 1995 and analyses the implication of such rule towards estate administration. It is based primarily on the analysis of written sources, namely, textbooks, statutes, by laws and journals. The findings from this article show that there is a need to improve the policy of the ARB and the RTD in providing a more efficient means to the public in the administration of the estate of a Muslims.
format	Article
author	Drs Nasrul, Muhammad Amrullah Mohd Salim, Wan Noraini
author_facet	Drs Nasrul, Muhammad Amrullah Mohd Salim, Wan Noraini
author_sort	Drs Nasrul, Muhammad Amrullah
title	Administration of a Muslim's estate under section 17 of the public trust corporation act 1995 with special reference to transfer of vehicles
title_short	Administration of a Muslim's estate under section 17 of the public trust corporation act 1995 with special reference to transfer of vehicles
title_full	Administration of a Muslim's estate under section 17 of the public trust corporation act 1995 with special reference to transfer of vehicles
title_fullStr	Administration of a Muslim's estate under section 17 of the public trust corporation act 1995 with special reference to transfer of vehicles
title_full_unstemmed	Administration of a Muslim's estate under section 17 of the public trust corporation act 1995 with special reference to transfer of vehicles
title_sort	administration of a muslim's estate under section 17 of the public trust corporation act 1995 with special reference to transfer of vehicles
publisher	IIUM Press
publishDate	2017
url	http://irep.iium.edu.my/59182/ http://irep.iium.edu.my/59182/ http://irep.iium.edu.my/59182/1/59182_ADMINISTRATION%20OF%20A%20MUSLIM%E2%80%99S%20ESTATE%20UNDER_article.pdf http://irep.iium.edu.my/59182/8/59182_ADMINISTRATION%20OF%20A%20MUSLIM%E2%80%99S%20ESTATE%20UNDER_WOS.pdf
first_indexed	2023-09-18T21:23:48Z
last_indexed	2023-09-18T21:23:48Z
_version_	1777412057033867264

Administration of a Muslim's estate under section 17 of the public trust corporation act 1995 with special reference to transfer of vehicles

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