Pentadbiran Undang-Undang Harta Pusaka Mualaf Di Malaysia: Satu Sorotan Literatur

Inheritance is something that has material value left by a person after his death which is obtained during his life truly and becomes the perfect property during his life and is eternally owned by simati until he dies. In Malaysia, the distribution of Islamic inheritance is subject to faraid law, in which non-Muslims cannot inherit Muslim property. However, for the property of non-Muslims, there is a law that protects it, namely the Distribution (Amendment) Act 1997, Act 1004. This Act does not state that Muslims cannot inherit the inheritance of non-Muslims. The distribution is made to the heirs based on the kinship relationship and marriage regardless of religion. This means that Muslims also inherit the property of non-Muslims. The two main methods of distributing inheritance that is practiced in Malaysia are the distribution method according to Islamic law for the death of a Muslim and the distribution method according to civil law which affects the Act of Dispensing 1958 (Act 300) for the death of non-Muslims. Both mechanisms involve converts, either converts as the dead or as heirs. Those with the title of convert to Islam have their uniqueness in the distribution of inheritance which is different from the usual inheritance distribution mechanism. Due to these differences in distribution, this study was carried out to highlight the administration of inheritance laws involving converts to Islam in Malaysia. This study was conducted using a qualitative method by taking a literature review approach, also continuing the content analysis design. The results of the study highlights that have been carried out show that there have been many writings, ideas, and discussions regarding this case made by the reviewers. The results of the study found that there are procedures and provisions for laws in the settlement of inheritance involving heirs of converts if they are not Muslim, as well as if converts are heirs to the property of the dead who are not Muslim. Therefore, with an explanation of the administration of the law in this study, it can resolve errors to the public regarding the issue of inheritance and property inheritance involving converts in Malaysia.

Exclusion of Tribal Women from Property Inheritance Rights: A Study of Tripuri Women of India

The Tripuri tribe from the state of Tripura constitutes around 50 percent of the total tribal population and can be found in all eight districts of the state. The tribe follows its own culture and tradition in terms of marriage and other customary practices. This study investigates the role of gender in inheritance of property among the Tripuri tribe and how Tripuri women are excluded from ownership of property. It also attempts to discover how property ownership affects their income and position in the household. The study has been conducted in the districts of West Tripura and Dhalai. Focus Group Discussion and interview schedules are employed as methods for collection of data. Results show that while 20 out of 54 married women from rural areas of West Tripura have inherited property, only 2 out of 13 married women have inherited property in the urban area. In comparison with West Tripura, Dhalai features a low ratio among women in inheriting property (only 4 out of 38 married women). A few causes include low level of literacy, slow urbanization and less inter-community marriages. The reasons for not inheriting property include: a woman failing to live up to the concept of a ‘good sister’ in the brother’s eyes, son needs property to care for parents, cost of marriage is borne by brother or parents so no right to claim, and to avoid unnecessary conflict in the family. In this manner, societal perceptions prevent women from claiming the legitimate share of their ancestral property.

Conundrums in the House of Wailing

This essay examines widowhood rites and traditions in Northern Muslim Sudan, including those sanctioned by religion (that is, property inheritance and widows’ internment) and those endorsed by local communities. The microhistorical ethnographic accounts in this essay illustrate the deep psychological and physical suffering that narrators experienced as they navigated the labyrinth of socially sanctioned practices in their communities. They also communicate lessons about deep structures of power and the blurred boundaries of religion and ritual. The narratives reveal that despite the tenacity of male governance, female in-laws wield tremendous power in the rites that widows deem discriminatory. While interlocutors in this essay stress the near impossibility of a widow escaping the tentacles of authority and the empathy deficit stemming from it, others who have resisted these widowhood rituals show us how women can conjure the agency to negotiate both the bottlenecks and the thresholds in their paths.

“Cinderella Men”: Husband- and Son- Caregivers for Elders with Dementia in Shanghai

Traditionally, women had the day-to-day responsibility for eldercare. However, social changes have created alternatives for men to take on what is generally considered a “female duty.” Particularly, as the prevalence of dementia has increased in China, men are increasingly becoming the primary caregivers for their kin. Yet, we have limited understanding of male caregiving. Based on twenty months’ ethnographic study of 60 men taking care of a relative with dementia, this paper examines motivations, practices, struggles and strategies of male caregivers. While acknowledging the gendered nature of caregiving, I argue that eldercare goes beyond solely social construction of gender roles and power asymmetries between males and females. Men—both husbands and sons—who engage in caregiving are motivated by love, affection, moral obligation, reciprocity based on past assistance, and property inheritance. Male caregivers’ care practices and their responses toward challenges vary from case to case, yet, these differences have less association with gender identity but more with cohort variations. The expanding home roles of male caregivers call attention to the social transformation of gendered care practices in China and beyond.

Inheriting the Property of an Individual Entrepreneur

The last will issues are always relevant, since they are associated with the desire and ability of a citizen to provide financially for their heirs. The current legislation takes into account the will of the testator and reflects, to some extent, the changes that occur in society. The present article features the current inheritance law of the Russian Federation, which, as it appears, do not reflect the special legal status of an individual entrepreneur. The authors analyzed statistical data confirming the place of individual entrepreneurs in the modern economy. The legislation on inheritance underestimates this fact, which leads to a violation of people’s rights and negative consequences in the business sphere. The research objective was to consider the issues of inheritance after the death of an individual entrepreneur, taking into account the preservation of the business, the stability of civil circulation, and the interests of the testator. The authors examined the existing approaches to the legal status of an individual entrepreneur and various cases of controversial conclusion about the property inheritance. They also assessed the effectiveness of legal regulation of inheriting the property of an individual entrepreneur and developed options for preserving the business, including a trust management agreement for inherited property. However, the notarial practice in this regard remains quite inconsistent. The paper contains several proposals for improving the current inheritance law.

A Death in the Family: Property, Inheritance, and Belonging in Late Colonial Asante

An inheritance dispute heard before one of the chiefs’ courts established in Asante under indirect rule illustrates the multivalent, dynamic character of social institutions at a time of economic and political transition. Litigated in 1951, the dispute raised questions about the meaning of ‘family’ and ‘belonging’, and their significance for people's access to wealth and their obligations to one another. Played out against a backdrop of potentially far-reaching social and political change in Ghana and beyond, cases such as this one suggest that terms such as ‘belonging’ and ‘family’ are best understood as labels for complex social processes, rather than facts that determine people's social identities and entitlements.

Entitled to Property: Inheritance Laws, Female Bargaining Power, and Child Health in India

Child height is a significant predictor of human capital and economic status throughout adulthood. Moreover, non-unitary household models of family behavior posit that an increase in women's bargaining power can influence child health. We study the effects of an inheritance policy change, the Hindu Succession Act (HSA), which conferred enhanced inheritance rights to unmarried women in rural India, on child height. We find robust evidence that the HSA improved the height and weight of children. In addition, we find evidence consistent with a channel that the policy improved the women's intrahousehold bargaining power within the household, leading to improved parental investments for children. These study findings are also compatible with the notion that children do better when their mothers control a more significant fraction of the family. Therefore, policies that empower women can have additional positive spillovers for children's human capital.

Women in Ethiopia

There are number of Ethiopian women from different historical epochs known for their military prowess or diplomatic skills, renowned as religious figures, and more. Some played a significant role in fighting against the predominant patriarchal value system, including Ye Kake Yewerdewt in the early 19th century. Born in Gurage Zone, she advocated for women’s rights and condemned many of the common cultural values and practices in her community, such as polygamy, exclusive property inheritance rights for male children and male family members, and the practice of arranged and forced marriage. Among the Arsi Oromo, women have been actively engaged in sociojudicial decision-making processes, as the case of the Sinqee institution, a women-led customary institution for dispute resolution, shows. This reflects the leading role and status women enjoyed in traditional Arsi Oromo society, both within the family and in the wider community. In Harar, a UNESCO World Heritage Site located in eastern Ethiopia, female Muslim scholars have played a significant role in teaching and handing down Islamic learning. One such religious figure was the Harari scholar Ay Amatullāh (1851–1893). Another prominent female religious figure from Arsi area, Sittī Momina (d. 1929), was known for her spiritual practices and healing powers. A shrine in eastern Ethiopia dedicated to Sittī Momina is visited by Muslim and Christian pilgrims from across the country. Despite the significant and multifaceted role played by women in the Ethiopian community, however, there is a paucity of data illustrating the place women had and have in Ethiopia’s cultural and historical milieu.