estate planning
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2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nur Syaedah Kamis ◽  
Norazlina Abd. Wahab

Purpose This paper aims to explore the level of hibah knowledge among Muslims in Kedah and investigate its determinants, consisting of education level, education stream, religiosity, social influence and social media. Design/methodology/approach This study is quantitative in nature. Questionnaires were distributed to collect data from Muslims in Alor Setar, Kedah. In total, 195 questionnaires were collected and data were analyzed using descriptive analysis, correlation analysis and multiple regression analysis. Findings The study finds that Muslims in Alor Setar, Kedah have good knowledge of hibah. Further, education stream, religiosity, social influence and social media were identified as significant factors that influence their knowledge of hibah. Research limitations/implications The first limitation is its narrow focus in surveying Muslims only in Alor Setar, Kedah. The second limitation is the limited number of determinants used in investigating hibah knowledge among Muslims and the techniques used in analyzing the data. Despite these limitations, the study’s findings provide invaluable insights into the factors influencing hibah knowledge among Muslims in Alor Setar, Kedah. Practical implications This study provides insights regarding the significant personal factors and environmental factors to increase Muslims’ knowledge of hibah. The link between the Islamic education stream and hibah knowledge provides a clear indication that Islamic education can curb the economic problems caused by the substantial amounts of frozen and unclaimed assets in Malaysia. A significant relationship between the environmental factors (social influence and social media) and hibah knowledge also implies that the government and private agencies related to Islamic estate planning and management may use these significant determinants as part of the marketing strategy to increase the usage of hibah as an alternative tool for estate planning. Originality/value This study contributes to a better understanding of Muslims’ knowledge about hibah. The government and related agencies in Islamic estate planning and management can now gain better insights into Muslims’ level of knowledge about hibah and the factors influencing their knowledge of hibah as an effective tool for Islamic estate planning and management. Hence, more effective strategies can be recommended to enhance the knowledge of Muslims on hibah. The findings of this study should be of value to the government in its effort to address the increasing number of frozen estates in Malaysia.


Author(s):  
Kuah Yoke Chin ◽  
Wei Chooi Yi ◽  
Nurul Afidah Mohamad Yusof ◽  
Zuriawati Zakaria ◽  
Zam Zuriyati Mohamad

The growth of unclaimed inheritance in Malaysia is an issue since the independence of Malaysia. Inheritance planning or Estate planning can be defined as the process of determining how one’s property should be distributed to meet the deceased’ wish. There are two popular estate planning instruments namely will and trust. This study aims to explore the differences of will and trust as part of estate planning instruments. The concept of will and trust, as well as the comparison and barriers of estate planning have been discussed in depth. This study will provide more insights to people for better-informed decision in their estate-planning arrangements by understanding the key differences between these two estate planning instruments.


2021 ◽  
Vol 24 (1) ◽  
pp. 4-4
Author(s):  
Kim Pawlak
Keyword(s):  

Author(s):  
Norazlina Abd Wahab ◽  
Selamah Maamor ◽  
Suraiya Hashim ◽  
Zairy Zainol ◽  
Hakimah Yaacob

Estate planning is one of the crucial elements of managing property during a person’s lifetime. It involves both handling and managing property during one’s lifetime and after death. For Muslims, the objectives of Shariah, which are known as Maqasid Shariah, can be attained if their finances are planned in a wise and cost-effective manner. Unfortunately, it was reported that frozen inheritance assets have steadily increased from the day of Independence, amounting to RM70 billion in 2020 indicating the seriousness of the matter. The freezing of inheritance property is detrimental to the economy and thus opposes the spirit of  Maqasid Shari’ah which recommends that it should be properly managed for the benefit of the public. This is where estate planning plays its role in ensuring quicker and easier distribution of assets and property. Hence, the objective of this research is to investigate Malaysian Muslims’ tendencies in estate management planning and its determinants. A total of 406 respondents throughout Peninsular Malaysia responded to the prepared survey, where the Partial Least Squares Structural Equation Modelling (PLS-SEM) approach was employed as the main data analysis for this study. The findings revealed that altruism, advantages and compliance were significant in influencing tendencies of Malaysian Muslims in Islamic estate planning. Surprisingly, service was found to be an insignificant factor in influencing the tendencies of Malaysian Muslims in Islamic estate planning. This study provides some insights on the role of policymakers and estate planning related industry in ensuring the compliance of estate planning product and increasing the awareness of Muslims to do estate planning by promoting the advantages and importance of doing so. Policymakers are also welcome to engage in this matter by providing earlier education on Islamic estate planning among Muslims in Malaysia.  


Author(s):  
Eben Nel

In this article a synoptic evaluation is made in respect of the estate planning and wills of South African nationals working, investing or living in foreign jurisdictions, in the broader context of globalisation and internationalisation. Estate planners and testators may inadvertently leave family members in a financially vulnerable position or diminish family assets due to a non-appreciation of international private law. The importance of international wills, the role of testamentary trusts, and the potential impact and reciprocity of international instruments are considered. The most applicable Hague Conventions and the EU Succession and Matrimonial Property Regulations are discussed in an attempt to give an overview of the current legal position. In discussing the role of international private law, its practical application is illustrated by way of reference to a few jurisdictions popular among South Africans with multi-jurisdictional estates, namely Malta, Portugal, the Netherlands and the United Kingdom. Although there may be more popular emigration jurisdictions amongst South Africans, this contribution focusses on the South African who lives, works and plays in a European context, without necessarily cutting his or her ties with the homeland. Not all attempts to harmonise wills, deceased estates, succession and matrimonial property regimes have been met with the same levels of enthusiasm by the international community. Contributing hereto may be the fact that fiduciary law deals with sensitive and very personal aspects of individuals and is closely linked to the different worldviews of communities. It is argued that not only fiduciary advisers and will drafters, but also attorneys and notaries involved with prenuptial agreements, should be proficient in the workings and implications of the applicable international instruments. Lastly, an argument is made for more pragmatic and commercial style thinking in the arena of fiduciary law.


2021 ◽  
Vol 22 (1) ◽  
pp. 227-236
Author(s):  
Ahmad Nazrul Alif Yahya ◽  
Wan Norhaniza Wan Hasan

Abstract Previous researches have proven that the problem of frozen assets in Malaysia is increasing every year where the amount reached RM70 billion in year 2020. In recent days, hibah has been suggested as one of the important methods in distributing Muslims’ properties in Malaysia. In fact, this effort is seen as an attempt to facilitate the issue of frozen assets in Malaysia. This situation has inspired the authors to raise the awareness among public on the importance of using hibah as an alternative method in Islamic estate planning in Malaysia. This study discovers that social media plays a vital role in raising the awareness about hibah among Muslims as it can be easily published and accessed by the public. It is hoped that this study will be beneficial for the public to understand the role of social media in disseminating information about hibah as an alternative distribution method and to also able to cater the issue of frozen assets in Malaysia. This study recommends for a future study to be carried out by other researchers to tackle the issue of the role of social media influencers in promoting hibah. This study applies a doctrinal legal approach where the data collection is based on a library-based research as well as observations on YouTube videos.  Keywords: hibah, Muslims, property, Syariah Court, social media   Abstrak Kertas kerja ini bertujuan membincangkan pembangunan lestari dari perspektif Islam. Pembangunan lestari secara umum ialah pembangunan yang memenuhi keperluan semasa serta masa hadapan bagi mencapai kesinambungan antara pembangunan ekonomi, sosial dan alam sekitar tanpa menjejaskan keperluan bagi generasi seterusnya. Pembangunan lestari sangat mendapat perhatian dalam disiplin pembangunan termasuk dalam kalangan negara-negara Islam. Persoalannya, apakah perspektif Islam terhadap pembangunan lestari ini? Bagi mencapai tujuan tersebut, perbincangan dalam kertas kerja ini dibahagikan kepada dua bahagian. Pertama, mengenal pasti pandangan sarjana terhadap pembangunan lestari dari perspektif Islam. Kedua menganalisis dan merumuskan pandangan para sarjana terhadap pembangunan lestari dari perspektif Islam. Analisis ini dilakukan dengan menggunakan kaedah kepustakaan dan analisis kandungan. Penelitian mendapati bahawa pembangunan lestari dari perspektif Islam lebih luas berbanding pembangunan lestari yang lazim. Pembangunan lestari dari perspektif Islam ini merangkumi epistemologi dan tasawur Islam yang mempunyai acuan pembangunannya yang tersendiri melibatkan aspek fizikal, akhlak dan rohani. Kata Kunci: Pembangunan lestari, perspektif Islam


2021 ◽  
Vol 22 (1) ◽  
pp. 198-204
Author(s):  
Amylia Fuziana Azmi ◽  
Nik Salida Suhaila Nik Saleh ◽  
Mohamad Zaharuddin Zakaria

Previous researches have proven that the problem of frozen assets in Malaysia is increasing every year where the amount reached RM70 billion in year 2020. In recent days, hibah has been suggested as one of the important methods in distributing Muslims’ properties in Malaysia. In fact, this effort is seen as an attempt to facilitate the issue of frozen assets in Malaysia. This situation has inspired the authors to raise the awareness among public on the importance of using hibah as an alternative method in Islamic estate planning in Malaysia. This study discovers that social media plays a vital role in raising the awareness about hibah among Muslims as it can be easily published and accessed by the public. It is hoped that this study will be beneficial for the public to understand the role of social media in disseminating information about hibah as an alternative distribution method and to also able to cater the issue of frozen assets in Malaysia. This study recommends for a future study to be carried out by other researchers to tackle the issue of the role of social media influencers in promoting hibah. This study applies a doctrinal legal approach where the data collection is based on a library-based research as well as observations on YouTube videos.


2021 ◽  
Vol 7 (4) ◽  
pp. 144-147
Author(s):  
Jennifer Smith, JD, LL.M. ◽  
Jeremy Riley, JD, LL.M
Keyword(s):  

2021 ◽  
Vol 16 (1) ◽  
pp. 139-152
Author(s):  
Sri Wahyu Sakina Ahmad Sanusi ◽  
Salmy Edawati Yaacob ◽  
Mohd Fairuz Md Salleh

Zurri waqf stands as an alternative for estate planning upon the death of one’s parents. Despite having current alternative such as will writing, faraid and hibah, zurri waqf is viable as instrument to distribute wealth to the loved ones. Data given by Jabatan Ketua Pengarah Tanah dan Galian (JKPTG) in 2019 shows a total of RM60 billion of unclaimed property had been recorded. Amongst of the causes are; absence of will writing and little knowledge of wealth management from the heirs. Thus, zurri waqf stand as one mechanism which can be practiced to assist the parentless child in surviving their lifes. Therefore, the objective of this study is to identify the zurri waqf instrument as an estate planning and to identify the zurri waqf management procedures in Malaysia. This study is a qualitative nature in the form of interview and content analysis. This paper benefits readers and researchers involved in gaining more knowledge about zurri waqf as a suitable instrument for the estate planning of Muslim property such as land cultivated as agriculture and involving the participation of beneficiaries in waqf assets development that can bring significant impact in the future. In addition, the zurri waqf management procedures need to be improved in order to encourage its implementation in the future.


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