Prohibited “Alien Practice” of joint tenancy in Islamic law – Salmah bt Omar & 6 ors v Ahmad Rosli bin Aziz (Pentadbir Harta Pesaka Osman bin Mohamed, simati) & anor.
Prohibited “Alien Practice” of joint tenancy in Islamic law – Salmah bt Omar & 6 ors v Ahmad Rosli bin Aziz (Pentadbir Harta Pesaka Osman bin Mohamed, simati) & anor.
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2012-00-00
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Gan, J. E.
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Abstract : In Salmah bt Omar & 6 Ors v Ahmad Rosli bin Aziz (Pentadbir Harta Pesaka Osman bin Mohamed, simati) & Anor (“Salmah’s case”),1 the High Court of Penang dealt with this issue: In respect of a land in the Straits Settlement, is joint tenancy recognised under Islamic law, such that one can apply the right of survivorship to Muslim inhabitants there? Zakaria Sam J held that Islamic law prohibits joint tenancy. Consequently, the right of survivorship was not operative between the co-owners.
Full text access : School of Hospitality, Tourism & Culinary Arts, Taylor’s University, Malaysia (e-mail: jooee.gan@taylors.edu.my)
Article published in [2012] Law Review 45
Full text access : School of Hospitality, Tourism & Culinary Arts, Taylor’s University, Malaysia (e-mail: jooee.gan@taylors.edu.my)
Article published in [2012] Law Review 45
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Prohibited “Alien Practice” of joint tenancy in Islamic law – Salmah bt Omar & 6 ors v Ahmad Rosli bin Aziz (Pentadbir Harta Pesaka Osman bin Mohamed, simati) & anor.
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Gan, J. E.
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2012-00-00
Description
Abstract : In Salmah bt Omar & 6 Ors v Ahmad Rosli bin Aziz (Pentadbir Harta Pesaka Osman bin Mohamed, simati) & Anor (“Salmah’s case”),1 the High Court of Penang dealt with this issue: In respect of a land in the Straits Settlement, is joint tenancy recognised under Islamic law, such that one can apply the right of survivorship to Muslim inhabitants there? Zakaria Sam J held that Islamic law prohibits joint tenancy. Consequently, the right of survivorship was not operative between the co-owners.
Full text access : School of Hospitality, Tourism & Culinary Arts, Taylor’s University, Malaysia (e-mail: jooee.gan@taylors.edu.my)
Article published in [2012] Law Review 45
Full text access : School of Hospitality, Tourism & Culinary Arts, Taylor’s University, Malaysia (e-mail: jooee.gan@taylors.edu.my)
Article published in [2012] Law Review 45
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Land tenure--Law and legislation--Malaysia
Islamic law--Malaysia
Joint tenancy (Islamic law)--Malaysia
Islamic law--Malaysia
Joint tenancy (Islamic law)--Malaysia
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School of Hospitality, Tourism and Culinary Arts