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This book deals with the Islamic law of will for the administration of Muslim estates. It examines the rules of Islamic law of wills in Malaysia in respect of testamentary provisions giving directions as to the administration of the estates and other matters. This is done in the context of the will of entrustment (wisoyah) in particular. The discussion focuses on the meaning of will of entrustment (wisoyah) its origin, its characteristics, its legality, its legal ruling and its creation which deal with four essential elements: testator (musi), executor (wasi), subject matter of will (musa fih) and formation (sighah). The discussion will also highlight the issues of testacy and intestacy with regard to Muslim estates. In what sense are these two terms to be taken by Muslims? The study attempts to examines various state enactments relating to Islamic law of wills. This requires some reference to the meaning of Islamic wills as understood at present and wills under civil law.
Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. As such, international aspects arise in an increasing number of estates. Different countries may have separate arrangements for ownership, taxation, and succession. International Succession equips practitioners with the information necessary to navigate problems involving these different systems. Although lawyers would often advise only on the law of the jurisdictions in which they are based, seeking advice from lawyers in other countries, this book will save the practitioner the time - and expense - of ascertaining the basics concerning the inheritance systems in different countries, offering clear and easy to use information on the laws of inheritance and succession. Each country's report is based on responses to a comprehensive questionnaire that considers the practical issues arising from the jurisdiction's individual laws, making it easy for users to make specific comparisons between the laws of one country and another. The book covers over fifty countries with entries written by experts from each country, making it an invaluable resource for the busy practitioner. This title is an improved and expanded version of International Succession, edited by Louis Garb and published by Kluwer Law International, 2004. This edition, published in hardback form, will also be supplemented annually in between editions to update the individual country entries.
The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.
This book, “Islamic Wealth Planning & Management: The Practice of Personal Finance” focuses on personal financial management with applications of Shariah principles that suit both students and working people for entertaining applications. It begins with introducing wealth management, explaining how wealth can be created, accumulated, mobilized, preserved and purified. This book guides readers on investing their surplus income in the stock, bond, property and commodity markets that comply with Shariah principles. It describes how important it is for readers to have personal financial planning in their retirement, estate, and inheritance. It will plans that could provide regular returns and avoid the risk of losing their pension or EPF money. It concludes how easy it is to have their set of personal finance in terms of personal assets, personal, debts and personal income as a practical way to control expenses and hence avoid becoming bankrupt at the young ages of 25-40 years.