Middle-East Journal of Scientific Research 12 (1): 114-118, 2012 ISSN 1990-9233 © IDOSI Publications, 2012 DOI: 10.5829/idosi.mejsr.2012.12.1.1675 Corresponding Author: Luqman Haji Abdullah, Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, 50603, Kuala Lumpur, Malaysia. Tel: +60379676115, Fax: +60379676141. 114 Islamic Inheritance Law among Muslim Minority Countries in Southeast Asia Feirul Maliq Intajalle, Luqman Haji Abdullah, Abdul Karim Ali and Mohd Roslan Mohd Nor 1 1 1 2 Department of Fiqh and Usul, Academy of Islamic Studies, 1 University of Malaya, 50603, Kuala Lumpur, Malaysia Department of Islamic History and Civilization, Academy of Islamic Studies, 2 University of Malaya, 50603 Kuala Lumpur, Malaysia Abstract: Solution for the disbursement of estate among Muslim minorities countries in Southeast Asia region is based on the systems and laws that being practiced by family, religion and custom in their countries in which any disputed estate will be referred to civil law. This article examines the similarities and differences between civil law and Islamic law in inheritance issues between Singapore and Thailand. The results show that in certain cases, custom and religion considerations are taken into account in the countries that provide alternative law instead of civil law. This law has be preserved and revised for the betterment and benefits of Muslim citizens especially in the condition of civil law being a mainstream law. It is important for Muslim communities to learn and understand the wisdom behind this law that aims to protect the interest of beneficiaries rather than leaving the families unsecured or misusing the rights for personal interest and cause harm to other family members. Inheritance law is certainly an essential mechanism in maintaining an individual’s rights and protecting the needy family members under their care. Key words: Inheritance Southeast Asia Comparative law fiqh al- faraidh Faraidh INTRODUCTION In Brunei, the implementation of Islamic law can be Inheritance law namely faraidh is one of the and post-colonial [6]. Before colonial period, Islamic important branch in Shariah law. Some countries in law was fully implemented as well as the Brunei Southeast Asia have classified the inheritance law as customs which still consistent with Shariah principles individual law. This article will try to brief historical [7]. outlook of the inheritance law in line with the emergence During the British presence in Brunei in 1847, the of Islam in Southeast Asia. Then, it view the distribution Islamic law was limited to the marriage and divorce matters mechanism of Muslim estates in Islamic law as a part of and being known as Islamic Law Enactment (Muhammad the countries’ legislation. Laws, No. 1 of 1912), Chapter 31 of Revised Laws 1951 Historical Overview: Islam was officially established of Sultan Muhammad Jamalul Alam II, 26 Sultan of in Malay archipelago namely Southeast Asia in Brunei [8]. After the independence in 1984, the Islamic present days in 14 centuries as stated in the history law has been improved by Sultan Hassanal Bolkiah in th of the related countries such as Brunei, Indonesia, 1988. The Sultan has passed orders such as Emergency Malaysia, Singapore and Thailand [1-5]. Islamic law has (Shariah Courts) Order, Emergency Order, Islamic Family been developed in line with the Islamisation process Law 1999 and Chapter 206, Islamic Adoption of Children in the region. In certain area, it had been implemented in which provide clearer position of Muslims rights than the the legislation. previous Chapter 77. divided into three stages: pre-colonial, during colonial which has been enforced on 1 July 1912 during the ruling th