Inheritance Certificate

Issuance of Inheritance Certificate

The Syariah Court may issue an Inheritance Certificate on the application of a person who claims to be a beneficiary of the estate of a deceased person, as to who is entitled to share in the estate of the deceased person, and the shares to which they are respectively entitled. The Inheritance Certificate is issued based on a hypothetical set of facts provided by the applicant.  The Syariah Court does not hear evidence and does not make findings on any question of fact. 

Section 115 of the Administration of Muslim Law Act:

“115(1)  If, in the course of any proceeding relating to the administration or distribution of the estate of a deceased person whose estate is to be distributed according to the Muslim law, any court or authority shall be under the duty of determining the persons entitled to share in such estate or the shares to which such persons are respectively entitled, the Syariah Court may, on a request by the court or authority or on the application of any person claiming to be a beneficiary and on payment of the prescribed fee, certify upon any set of facts found by such court or authority or on any hypothetical set of facts its opinion as to the persons who are, assuming such facts, whether as found or hypothetical, entitled to share in such estate and as to the shares to which they are respectively entitled. 

(2) The Syariah Court may, before certifying its opinion, require to hear the parties on any question of law, but shall not hear evidence or make findings on any question of fact. 

(3) In any case of special difficulty, the Syariah Court may refer the question to the Legal Committee for its opinion and shall, if such opinion be given, certify in accordance therewith.”