In Part 1, we have discussed what are the apportionments determined for spouse, parents, daughter(s) and granddaughter(s). Therefore, in this Part 2, we will discuss how will a sibling or grandparents inherit from the deceased according to the Islamic law.
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.
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.
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.
“It is obvious that the purpose and intent of s 106 is to reconcile parties where there is a reasonable probability of a reconciliation. In fact s 106(5)(b) of the Act provides that together with the certificate it issues, the conciliatory body can make recommendations regarding maintenance, division of matrimonial property and the custody of the minor children, if any, of the marriage.”
Non-consummation of marriage can be a ground for a party to file a petition for nullification of the marriage. However, if the petitioner is asserting that the marriage was not consummated due to the wilful refusal of the respondent, the criteria for such refusal should be…
A marriage which takes place after the appointed date shall be voidable on the following grounds only, that is to say… that the marriage has not been consummated owing to the incapacity of either party to consummate it…
Intitulement is the heading of a proceeding in court. In simpler terms, intitulement refers to the title of the proceeding. It is compulsory for an intitulement to be included in all court documents.
Parental Alienation is an act of process of manipulating a child by one of the parents to hate or reject the other parent. Parental Alienation Syndrome is a term introduced to describe a distinctive suite of behaviors in children that includes showing extreme but unwarranted fear, disrespect or hostility towards a parent.
Section 54 (1)(d) of the Law Reform (Marriage & Divorce) Act 1976 provides another fact to prove that marriage has irretrievably broken down, the fact is that the parties of the marriages have lived apart for a continuous period of at least two years. This period of two years must immediately be preceding the presentation of the divorce petition.