Enhancements of muslim estate distribution process towards reducing the delay and lack of its distribution

Abstract

The number of cases involving unclaimed estate is increasing and as a result a large number of them are abandoned. Assets worth of RM 60 billion are waiting to be claimed until 2016. This may not include the assets pending distribution. To overcome this problem, this study aim to suggest an improved mechanism of estate distribution process in resolving or minimizing the delay and lack of estate distribution, concurrent with Malaysian economic growth as a developing country. In order to achieve this aim, three objectives are being set, namely: to ascertain the causes of delay and lack of estate distribution; to examine the existing process and measures practised by administrative, adjudicative and estate planning entities; and to propose a possible solution for improving the process of estate distribution. The study covers the cases among Malaysian Muslim, focusing on harta sepencarian, trusts, waqf, wisoyah, hibah, wasiyah and faraid, notably the procedures in Civil and Shariah High Courts. The methodology adopted in this study is based on a mixed method of quantitative and qualitative data. Data collection conducted at the Land Office, Amanah Raya Berhad, estate planning entities, Civil and Shariah High Courts and the beneficiaries of the estates including the heirs and trustees and baitulmal. Root cause analysis and comparative analysis were performed to analyze the documentary data, non-participation observation or notes, facts of law cases with some input from literature. Frequency, descriptive, Pearson correlation, reliability and validity analysis were used to analyze the quantitative data. The qualitative data was analyzed using content analysis. Most of the respondents answered that multiple agencies jurisdiction is the major causes of unclaimed, late claimed, and delayed distribution of estate. This study proposes a one stop centre, unified process and improved mechanism of estate distribution for the speedy distribution of estate of deceased Muslims.