The role of trustee in Malaysia: comparative study between common law and Islamic law / Amirah Mohd Alias ...[et al.]

This research elucidates the concept of trustee comprehensively in both common law and Islamic law which comprises the appointment and removal of the trustee, delegation and remuneration of trustee, as well as the duty of the trustee towards the beneficiary. Furthermore, this research deals with the...

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Main Authors: Mohd Alias, Amirah, Ahmad Zaini, Aimi Fadhilah Hazwani, Hasan, Ahmad Afiq, Yusof, Artika Nadia, Jamil, Nurul Shahernie
Format: Student Project
Language:English
Published: 2010
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/32066/
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author Mohd Alias, Amirah
Ahmad Zaini, Aimi Fadhilah Hazwani
Hasan, Ahmad Afiq
Yusof, Artika Nadia
Jamil, Nurul Shahernie
author_facet Mohd Alias, Amirah
Ahmad Zaini, Aimi Fadhilah Hazwani
Hasan, Ahmad Afiq
Yusof, Artika Nadia
Jamil, Nurul Shahernie
author_sort Mohd Alias, Amirah
building UiTM Institutional Repository
collection Online Access
description This research elucidates the concept of trustee comprehensively in both common law and Islamic law which comprises the appointment and removal of the trustee, delegation and remuneration of trustee, as well as the duty of the trustee towards the beneficiary. Furthermore, this research deals with the constitutional conflict with regards to the jurisdictional issues between common law and Islamic law in matters pertaining to trust and trustee in Malaysia. The legal position on Muslims trust and trustee in Malaysia has became a matter of controversy following the civil judicial scrutiny in matter concerning Islamic trust, inheritance, gift, and wakaf'm spite of the express provision declaring that those matters fall within the state and Syariah court jurisdiction. Thus, this research is designed to ascertain the inconsistency of the existing Trustee Act 1949 with Hukum Syara by comparing and contrasting the role of trustee under common law and Islamic law in Malaysia along with emphasizing the lacunae and the ambiguity of the statutory provisions that may adversely affect the process of Muslims trusteeship and the purpose of Muslims trust with a view to recommend possible solutions to the current legal conflict in Malaysia.
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format Student Project
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institution Universiti Teknologi MARA
institution_category Local University
language English
last_indexed 2025-11-14T22:50:35Z
publishDate 2010
recordtype eprints
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spelling uitm-320662020-08-06T04:19:18Z https://ir.uitm.edu.my/id/eprint/32066/ The role of trustee in Malaysia: comparative study between common law and Islamic law / Amirah Mohd Alias ...[et al.] Mohd Alias, Amirah Ahmad Zaini, Aimi Fadhilah Hazwani Hasan, Ahmad Afiq Yusof, Artika Nadia Jamil, Nurul Shahernie Civil law Domestic relations (Islamic law). Family law This research elucidates the concept of trustee comprehensively in both common law and Islamic law which comprises the appointment and removal of the trustee, delegation and remuneration of trustee, as well as the duty of the trustee towards the beneficiary. Furthermore, this research deals with the constitutional conflict with regards to the jurisdictional issues between common law and Islamic law in matters pertaining to trust and trustee in Malaysia. The legal position on Muslims trust and trustee in Malaysia has became a matter of controversy following the civil judicial scrutiny in matter concerning Islamic trust, inheritance, gift, and wakaf'm spite of the express provision declaring that those matters fall within the state and Syariah court jurisdiction. Thus, this research is designed to ascertain the inconsistency of the existing Trustee Act 1949 with Hukum Syara by comparing and contrasting the role of trustee under common law and Islamic law in Malaysia along with emphasizing the lacunae and the ambiguity of the statutory provisions that may adversely affect the process of Muslims trusteeship and the purpose of Muslims trust with a view to recommend possible solutions to the current legal conflict in Malaysia. 2010-04 Student Project NonPeerReviewed text en https://ir.uitm.edu.my/id/eprint/32066/1/32066.PDF Mohd Alias, Amirah and Ahmad Zaini, Aimi Fadhilah Hazwani and Hasan, Ahmad Afiq and Yusof, Artika Nadia and Jamil, Nurul Shahernie (2010) The role of trustee in Malaysia: comparative study between common law and Islamic law / Amirah Mohd Alias ...[et al.]. (2010) [Student Project] (Unpublished)
spellingShingle Civil law
Domestic relations (Islamic law). Family law
Mohd Alias, Amirah
Ahmad Zaini, Aimi Fadhilah Hazwani
Hasan, Ahmad Afiq
Yusof, Artika Nadia
Jamil, Nurul Shahernie
The role of trustee in Malaysia: comparative study between common law and Islamic law / Amirah Mohd Alias ...[et al.]
title The role of trustee in Malaysia: comparative study between common law and Islamic law / Amirah Mohd Alias ...[et al.]
title_full The role of trustee in Malaysia: comparative study between common law and Islamic law / Amirah Mohd Alias ...[et al.]
title_fullStr The role of trustee in Malaysia: comparative study between common law and Islamic law / Amirah Mohd Alias ...[et al.]
title_full_unstemmed The role of trustee in Malaysia: comparative study between common law and Islamic law / Amirah Mohd Alias ...[et al.]
title_short The role of trustee in Malaysia: comparative study between common law and Islamic law / Amirah Mohd Alias ...[et al.]
title_sort role of trustee in malaysia: comparative study between common law and islamic law / amirah mohd alias ...[et al.]
topic Civil law
Domestic relations (Islamic law). Family law
url https://ir.uitm.edu.my/id/eprint/32066/