LATIFAH BT MAT ZIN V. ROSMAWATI BINTI SHARIBUN & ANOR.
- Citation
- LATIFAH BT MAT ZIN V. ROSMAWATI BINTI SHARIBUN & ANOR.
- Court
- Malaysian court
When a question in a civil High Court probate petition as to whether a specific property forms part of a Muslim deceased's estate turns on whether there was a gift inter vivos (hibah), that question must be determined by Islamic law and is within the jurisdiction of the syariah courts; the civil court must give effect to the syariah court's determination in granting Letters of Administration and distributing the estate.
- Jurisdictional conflict between civil and syariah courts
- Hibah (gift inter vivos)
- Letters of administration
- Application and interpretation of federal constitution (arts.74,77,121,121a,128; ninth schedule)
- State enactment s.61(3) on syariah jurisdiction
- Procedure when overlapping civil and syariah issues