CASES

CASES
1. MH 370
a. After 327 days since Malaysian Airlines Flight 370 disappearance, Malaysian government
on 28 January 2015 has officially declared the loss of MH370 during a flight from Kuala
Lumpur to Beijing as an accident and all of its 239 passengers and crew were ‘presumed
dead’.
2. Re Inquest into the Death of Lim Chin Aik, Deceased

a. Lim is believed dead and his body buried at least 40m or 13 storeys underground after
his car was hit by a lightning arrestor that snapped and fell off the 21-storey Menara
Umno during a freak storm on June 13.
3. The case of Abdul Rahman b Auf by Sayyidina Uthman

a. Abdul Rahman Auf had divorced his wife with irrevocable divorce during his marad al
mawt. After this death, Sayyidina Uthman ruled that the wife could still inherit because
the divorce was due to the evil intention of the husband to exclude the wife from
inheriting his property.
4. PP v Muhamad Suhaimi Abdul Aziz

a. The husband murdered his wife to remove her from the list of the deceased’s legal heirs.
The application was made on the grounds that the husband should be impeded from
inheriting the deceased wife’s estate because he killed the wife.
b. The husband claimed insanity and that he had no intention to kill the wife.
c. The court decided that even though he was certified insane at the time of the murder,
he had the intention to cause death by looking at the weapon used.
5. Majlis Agama Islam Wilayah Persekutuan v Lim Ee Seng

a. Chew converted to Islam and registered as a Muslim. Later, when he died, evidence
showed that he was a Muslim at the time of his death and had never returned to his old
religion or changed religion.
b. The deceased had two daughters and a wife.
c. The court held that the beneficiaries are not entitled to inheritance due to difference in
religion.
6. Re Timah bt Abdullah
a. Timah was a Japanese woman who embraced Islam when she married Haji Hassan.
b. Both died without leaving any child. The brothers and mother of the deceased were not
Muslims.
c. They are not entitled to inheritance. The court held that where a Muslim convert dies
and her only next of kin are non-Muslims, the estate will go to Baitulmal.
7. Shaikh Abdul latif v Shaik Elias Bux
a. The testator had made a bequest of more than 1/3 of his property.
b. The court held that the bequest was valid only up to 1/3 of the property and the
remainder was to be distributed in accordance with faraid unless consent of all heirs was
obtained
8. Abd Rahim v Abd Hameed

a. The condition of the wassiyyah is that it must be executed 21 years after the death. The
postponement of the execution of wassiyyah was not valid.
9. Case of Sa’d Al Rabi’

a. The wife of Sa’d b. al-Rabi’ came to the Prophet with her two daughters and said: “O
Prophet, these are the daughters of Sa’d b. al-Rabi’. Their father died a martyr’s death
beside you in a battle. But their uncle has taken Sa’d estate and they cannot marry
unless they have property”. The Prophet told the uncle: “Give the two daughters of Sa’d
2/3 of the estate, give their mother 1/8 and keep the remainder yourself”
10. Sunnah
a. Give the portion of the inheritance to the Qur’anic heirs, and whatever left should be
exhausted by the nearest male agnate kindred
11. Case of Sa`ad ibn Abi Waqqas

a. Sa`ad ibn Abi Waqqas said, The Prophet came to visit me in my sickness… I said to the
Prophet, “O Prophet! I am wealthy and my only heir is my daughter. Permit me that I
make a will of my entire property.” He said, “No”. I said, “Should I make a will of two-
thirds of my property?” He said, “No”. I said, “Permit me for a third.” The Prophet
replied, “You may make a will of a third, although this is also too much. To leave after
you your heirs well to do is better than you leave them poor and in want whilst others
meet their needs.”
12. Case of Abu Imamah

a. Abu Imamah reported: I heard the Prophet said: “Allah has already given to each
entitled relative his proper entitlement. Therefore, no bequest in favour of a legal heir.
13. A grandmother asked Abu Bakar about her right (ijma)

a. It was reported that a grandmother had asked Abu Bakr about her right in succession.
Abu Bakr then asked the companions and was informed by al-Mughirah bin Syukbah
which was supported by Muhammad bin Maslamah al-Ansari that the Prophet used to
decide that 1/6 should go to the grandmother grandmother. This was followed by Abu
Bakr.
14. Granddaughter
a. It was reported that the Prophet had decided in cases of succession by a daughter, a
son’s daughter and a sister, the d/ takes 1/2, gd/ takes 1/6 and the sister takes the
residue.

CASES

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CASES

2. Re Inquest into the Death of Lim Chin Aik, Deceased

3. The case of Abdul Rahman b Auf by Sayyidina Uthman

4. PP v Muhamad Suhaimi Abdul Aziz

5. Majlis Agama Islam Wilayah Persekutuan v Lim Ee Seng

8. Abd Rahim v Abd Hameed

9. Case of Sa’d Al Rabi’

11. Case of Sa`ad ibn Abi Waqqas

12. Case of Abu Imamah

13. A grandmother asked Abu Bakar about her right (ijma)

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