The administration of Muslim's and non-muslim's ownerless estate (bona vacantia) in West Malaysia: an analysis
In Malaysia, if a deceased passed away intestate (without leaving a valid will) and no next of kin is available, his or her estate is deemed as an ownerless estate (bona vacantia). However, bona vacantia has not been classified, identified, and examined clearly, particularly in terms of the various...
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| Format: | Article |
| Language: | English |
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International Journal of Law, Government and Communication
2019
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| Online Access: | http://irep.iium.edu.my/75096/ http://irep.iium.edu.my/75096/1/75096_The%20administration%20of%20Muslim%27s%20and%20non-muslim%27s%20ownerless.pdf |
| _version_ | 1848788065980514304 |
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| author | Halim, Akmal Hidayah Ahmad Bustami, Tajul Aris Mohd Salim, Wan Noraini Mohd Yusoff, Rahmawati |
| author_facet | Halim, Akmal Hidayah Ahmad Bustami, Tajul Aris Mohd Salim, Wan Noraini Mohd Yusoff, Rahmawati |
| author_sort | Halim, Akmal Hidayah |
| building | IIUM Repository |
| collection | Online Access |
| description | In Malaysia, if a deceased passed away intestate (without leaving a valid will) and no next of kin is available, his or her estate is deemed as an ownerless estate (bona vacantia). However, bona vacantia has not been classified, identified, and examined clearly, particularly in terms of the various sets of law applicable to the non-Muslims and Muslims in West Malaysia. Therefore, this paper intends to examine the classification of estates categorised under bona vacantia, its position in both Islamic law and Malaysian law, and the issues associated with the topic. The doctrinal analysis is adopted by analysing the current primary and secondary materials which include case law, statutory provisions, and other legal and non-legal literature. Consequently, the administration of bona vacantia is found to be governed by different procedures and laws, based on the personal law of the deceased. If he is a Muslim, his estate |
| first_indexed | 2025-11-14T17:34:54Z |
| format | Article |
| id | iium-75096 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T17:34:54Z |
| publishDate | 2019 |
| publisher | International Journal of Law, Government and Communication |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-750962025-06-30T01:27:42Z http://irep.iium.edu.my/75096/ The administration of Muslim's and non-muslim's ownerless estate (bona vacantia) in West Malaysia: an analysis Halim, Akmal Hidayah Ahmad Bustami, Tajul Aris Mohd Salim, Wan Noraini Mohd Yusoff, Rahmawati KPG Malaysia KZ Law of Nations In Malaysia, if a deceased passed away intestate (without leaving a valid will) and no next of kin is available, his or her estate is deemed as an ownerless estate (bona vacantia). However, bona vacantia has not been classified, identified, and examined clearly, particularly in terms of the various sets of law applicable to the non-Muslims and Muslims in West Malaysia. Therefore, this paper intends to examine the classification of estates categorised under bona vacantia, its position in both Islamic law and Malaysian law, and the issues associated with the topic. The doctrinal analysis is adopted by analysing the current primary and secondary materials which include case law, statutory provisions, and other legal and non-legal literature. Consequently, the administration of bona vacantia is found to be governed by different procedures and laws, based on the personal law of the deceased. If he is a Muslim, his estate International Journal of Law, Government and Communication 2019-09 Article PeerReviewed application/pdf en http://irep.iium.edu.my/75096/1/75096_The%20administration%20of%20Muslim%27s%20and%20non-muslim%27s%20ownerless.pdf Halim, Akmal Hidayah and Ahmad Bustami, Tajul Aris and Mohd Salim, Wan Noraini and Mohd Yusoff, Rahmawati (2019) The administration of Muslim's and non-muslim's ownerless estate (bona vacantia) in West Malaysia: an analysis. International Journal of Law, Government and Communication, 4 (16). pp. 26-34. E-ISSN 0128-1763 http://www.ijlgc.com/archived.asm 10.35631/ijlgc.416003 |
| spellingShingle | KPG Malaysia KZ Law of Nations Halim, Akmal Hidayah Ahmad Bustami, Tajul Aris Mohd Salim, Wan Noraini Mohd Yusoff, Rahmawati The administration of Muslim's and non-muslim's ownerless estate (bona vacantia) in West Malaysia: an analysis |
| title | The administration of Muslim's and non-muslim's ownerless estate (bona vacantia) in West Malaysia: an analysis |
| title_full | The administration of Muslim's and non-muslim's ownerless estate (bona vacantia) in West Malaysia: an analysis |
| title_fullStr | The administration of Muslim's and non-muslim's ownerless estate (bona vacantia) in West Malaysia: an analysis |
| title_full_unstemmed | The administration of Muslim's and non-muslim's ownerless estate (bona vacantia) in West Malaysia: an analysis |
| title_short | The administration of Muslim's and non-muslim's ownerless estate (bona vacantia) in West Malaysia: an analysis |
| title_sort | administration of muslim's and non-muslim's ownerless estate (bona vacantia) in west malaysia: an analysis |
| topic | KPG Malaysia KZ Law of Nations |
| url | http://irep.iium.edu.my/75096/ http://irep.iium.edu.my/75096/ http://irep.iium.edu.my/75096/ http://irep.iium.edu.my/75096/1/75096_The%20administration%20of%20Muslim%27s%20and%20non-muslim%27s%20ownerless.pdf |