TY  - JOUR
T1  - The Challenge Faced by Shariah Law in Respect of Distribution of Inheritance in Multi-Ethnic Communities: Case Study in Beaufort, Sabah, Malaysia
AU - Nasohah, Zaini AU - , Hayatullah Laluddin AU - , Zuliza Mohd Kusrin AU - , Mohd al-AdibSamuri AU - , Amir HusinMohd Nor AU - , Salmy EdawatiYaacob AU - , Mohd Rizal Muwazir 
JO  - International Business Management
VL  - 6
IS  - 2
SP  - 228
EP  - 232
PY  - 2012
DA  - 2001/08/19
SN  - 1993-5250
DO  - ibm.2012.228.232
UR  - https://makhillpublications.co/view-article.php?doi=ibm.2012.228.232
KW  - Federal constitution
KW  -Shariah law
KW  -Shariah courts
KW  -inheritance
KW  -multi-ethnic communities
KW  -multi-ethnic communities
AB  - The Federal Constitution has granted jurisdiction over Islamic affairs to each state through the 2nd list of the 9th schedule. Based on this jurisdiction, the states have approved laws relating to the Muslim community including distribution of a deceased estate. In the context of a multi-ethnic Muslim community, state customary and traditional laws pose a rather significant challenge to the effective operation of Shariah Courts. Results of a study conducted in 2009 indicate that elements of ethnicity and custom have more or less constrained the Shariah Courts from carrying outthis jurisdiction. It is observed that in addition to consulting the Shariah Courts, bumiputra communities in the study area continue to adhere to customs in matters relating tothe distribution of inheritance. This study discusses this phenomena and attempts to deliberate on the approach adopted by courts in handling of the relevant cases.
ER  - 