Islamic wealth management: is the nominee a trustee or beneficiary? An analysis on the application of the nomination instrument in the disposition of property in Malaysia from the perspective of Islamic law
Nomination is originally a means to expedite the process of the administration of a deceased Muslim’s estate. With nomination, a nominee therefore has a legal right to claim the property of the deceased from the relevant financial institution such as Insurance companies, Takaful companies, Tabung Ha...
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| Format: | Article |
| Language: | English |
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Sweet & Maxwell Asia
2011
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| Online Access: | http://irep.iium.edu.my/3309/ http://irep.iium.edu.my/3309/1/The_law_review_2011Article__on_Nomination.pdf |
| _version_ | 1848776133524324352 |
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| author | Abdullah, Mohamad Asmadi |
| author_facet | Abdullah, Mohamad Asmadi |
| author_sort | Abdullah, Mohamad Asmadi |
| building | IIUM Repository |
| collection | Online Access |
| description | Nomination is originally a means to expedite the process of the administration of a deceased Muslim’s estate. With nomination, a nominee therefore has a legal right to claim the property of the deceased from the relevant financial institution such as Insurance companies, Takaful companies, Tabung Haji and Employee Provident Fund. However, there is a question pertaining to the status of the nominee whether he is a trustee or a beneficiary. The fatwā issued by the National Fatwa Committee suggest that a nominee acts only as a trustee. However, looking into the decisions of the civil courts as well as the Shariah court, a nominee could be a beneficiary. This research is undertaken to examine the nature of the nomination process and to identify any similarities and differences between nomination, wasiyyah and hibah according to the Islamic law in order to determine whether a nominee is a trustee or a beneficiary. |
| first_indexed | 2025-11-14T14:25:15Z |
| format | Article |
| id | iium-3309 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T14:25:15Z |
| publishDate | 2011 |
| publisher | Sweet & Maxwell Asia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-33092016-11-08T08:19:59Z http://irep.iium.edu.my/3309/ Islamic wealth management: is the nominee a trustee or beneficiary? An analysis on the application of the nomination instrument in the disposition of property in Malaysia from the perspective of Islamic law Abdullah, Mohamad Asmadi KBP Islamic Law Nomination is originally a means to expedite the process of the administration of a deceased Muslim’s estate. With nomination, a nominee therefore has a legal right to claim the property of the deceased from the relevant financial institution such as Insurance companies, Takaful companies, Tabung Haji and Employee Provident Fund. However, there is a question pertaining to the status of the nominee whether he is a trustee or a beneficiary. The fatwā issued by the National Fatwa Committee suggest that a nominee acts only as a trustee. However, looking into the decisions of the civil courts as well as the Shariah court, a nominee could be a beneficiary. This research is undertaken to examine the nature of the nomination process and to identify any similarities and differences between nomination, wasiyyah and hibah according to the Islamic law in order to determine whether a nominee is a trustee or a beneficiary. Sweet & Maxwell Asia 2011 Article PeerReviewed application/pdf en http://irep.iium.edu.my/3309/1/The_law_review_2011Article__on_Nomination.pdf Abdullah, Mohamad Asmadi (2011) Islamic wealth management: is the nominee a trustee or beneficiary? An analysis on the application of the nomination instrument in the disposition of property in Malaysia from the perspective of Islamic law. The Law Review, 4. pp. 697-708. ISSN 1985-0891 http://www.sweetandmaxwellasia.com.my/products/The-Law-Review.pdf?ts=1272868375974 |
| spellingShingle | KBP Islamic Law Abdullah, Mohamad Asmadi Islamic wealth management: is the nominee a trustee or beneficiary? An analysis on the application of the nomination instrument in the disposition of property in Malaysia from the perspective of Islamic law |
| title | Islamic wealth management: is the nominee a trustee or beneficiary? An analysis on the application of the nomination instrument in the disposition of property in Malaysia from the perspective of Islamic law |
| title_full | Islamic wealth management: is the nominee a trustee or beneficiary? An analysis on the application of the nomination instrument in the disposition of property in Malaysia from the perspective of Islamic law |
| title_fullStr | Islamic wealth management: is the nominee a trustee or beneficiary? An analysis on the application of the nomination instrument in the disposition of property in Malaysia from the perspective of Islamic law |
| title_full_unstemmed | Islamic wealth management: is the nominee a trustee or beneficiary? An analysis on the application of the nomination instrument in the disposition of property in Malaysia from the perspective of Islamic law |
| title_short | Islamic wealth management: is the nominee a trustee or beneficiary? An analysis on the application of the nomination instrument in the disposition of property in Malaysia from the perspective of Islamic law |
| title_sort | islamic wealth management: is the nominee a trustee or beneficiary? an analysis on the application of the nomination instrument in the disposition of property in malaysia from the perspective of islamic law |
| topic | KBP Islamic Law |
| url | http://irep.iium.edu.my/3309/ http://irep.iium.edu.my/3309/ http://irep.iium.edu.my/3309/1/The_law_review_2011Article__on_Nomination.pdf |