We have previously discussed and learned who are considered heirs in Islam. Now, how do these heirs inherit from the deceased? What are their determined portions under the Islamic law? This article will provide the answers for the same.
Month: December 2020
Offer to Settle under Order 22B of the Rules of Court 2012
An offer to settle is an “offer of compromise” which may be invoked by parties to a proceeding to “tempt” or to “pressure” their opponents to compromise or to settle before the matter is decided by the Court. Such an offer is deemed to be an offer made without prejudice save as to costs.
Standard & Burden of Proof
“The standard of proof in civil cases is the legal standard to which a party is required to prove its case, namely on a balance of probabilities. In civil litigation, the question of the probability or improbability of an action occurring is an important consideration to be taken into account in deciding whether that particular event had actually taken place or not.”
Can You Bring a Civil Suit for Adultery?
The law defines adultery as an act of voluntary sexual intercourse between a man and a woman who are not married to each other, but at least one of them is married at the time of the act. Adultery happens to be one of the legal grounds to file for a divorce for civil marriages (non-Muslims marriages) in Malaysia.
The Law on Fixed Term Contracts in Malaysia
An employer’s primary intention in offering a fixed term employment contract is because the employer does not have to commit to the permanent employment of the incoming employee. This note examines the factors Court take into account in determining if the contract of employment was one of a fixed term nature.
Virtual Company Meetings during the Covid-19 Pandemic
This article focuses on shareholder meetings, instead of board meetings. For board meetings, the capability of a board to conduct a virtual meeting generally depends on the constitution of the company, and each company’s constitution may differ from one another.
Restraint of Trade Clauses in Employment Contracts in Malaysia
It does not take a genius to be aware that the economy is not in its best state right now. Thus, it is only natural that such a situation would clearly affect the employment status and jobs of many. Some of these scenarios may include employees becoming dissatisfied with their current employment or even start questioning as to whether it is simply time to move on and spread their wings elsewhere.
Keeping it Clean: The Role of Clean Hands Doctrine in Oppression Suits
‘He who comes into equity must come with clean hands’ is an established principle in equity, commonly known as the clean hands doctrine. Whilst it is established that the clean hands doctrine bars the winding up of companies on just and equitable grounds, its applicability in oppression suits is less clear.
Impediments to Inheritance in Islam
In the previous article, we have discussed on who are the legal heirs in Islamic succession law. Now, we will discuss what are the impediments which will make an Islamic heir lost his or her right to inherit the deceased’s estate.
Damage to Power Lines Causing Electricity Disruption – What Are Your Remedies? [Part 2]
Essentially, when you experience electricity disruption caused by works done to your power lines, you are eligible to claim for damages caused by the said power failure under the common law tort of negligence. Do, however, keep in mind that you can only only physical damages and losses consequent to the electricity disruption.