"Main objective of nomination, especially required or provided by the law is to assist the poor to channel their small sums of money without going through the trouble of making will or taking out a grant of representation." Quoted from Barry C. Crown (2007). Death and the Central Provident Fund: Legislative Intervention. Singapore Journal of Legal Studies, pp.138-147. The modern or western introduced administration of estate proves to be problematic to Muslims as it does not take into account the limitation of testamentary disposition of the Muslim property. The modern idea of nomination with the purpose of assisting the poor fits squarely to the freedom and unlimited power of testamentary disposition of the western legal system. Thus when the idea was first introduced, the Muslim scholars rejected it. For the Malays, who are the avid Muslims without question, the idea is troubling indeed, but for sure they are not fanatical. For practical reasons the idea was accepted with modification. Thus fatwa was issued to allow nomination but the nominee is now a trustee, receiving the property of the deceased as a trust to be distributed among the legal heirs. Of course there was occurrence of abuse and breach of trust and this continues to be so, but Islamic law is not all about law and order, it is about personal integrity and a belief that there will be a final judgment in the hereafter that all wrongs will be corrected. Thus a person whose right was wrongfully taken or robbed will always contend to think that his or her offender will deserve punishment sooner or later and on top of that the offended is rewarded for his or her patient. This is not to be mistaken as to say that Islamic law takes lightly on the breach of trust as whenever this is a proof to such a felony, suitable punishment will be meted out. Thus within this idea of law and the character of the Malays who appreciate practicality and peaceful co-existence with others, the practice of nomination is accepted with modification. Practicality because many of the Malays in the past were poor and nomination therefore is supposed to assist them? Probably.
Perspektif bertujuan memaparkan pandangan peribadi penulis terhadap pelbagai isu-isu semasa perundangan Islam bagi tujuan perbincangan dan perkongsian bersama. Perspektif is writer's view relating to contemporary issues in Islamic law for discussion and mutual sharing.
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