ISSN: 2222-6990
Open access
A couple of years ago, the country was stirred by the legal suits taken by eleven siblings against their estranged father over their inheritance and their deceased mother's matrimonial property (Khalilullah Che Ibrahim and Ors v Che Ibrahim Che Ismail, Syariah High Court, Kota Bharu, Kelantan). The children succeeded in their application for an ex parte interim order to restrain their father from entering into any form of transaction on the claimed property. The law suit is expected to be in the millions as it involves numerous properties and shares belonging to the defendant. This paper discusses issues relating to rights of children to claim a deceased parent interest in matrimonial property by way of legal analysis. Research methodologies applied in this paper are statutory and doctrinal analysis.
Shadan, A. (2012). “Khalilullah Che Ibrahim and Ors v Che Ibrahim Che Ismail, Syariah High Court,Kota Bharu, Kelantan.” Kosmo online, October 14, 2011.Retrieved from http://www.kosmo.com.my/kosmo/content.asp?y=2011&dt=1014&pub=Kosmo&sec=Negara&pg=ne_02.htm on 12.
Ibrahim, H., & Samad, F. A. (2010). Family business in emerging markets: The case of Malaysia. African journal of business management, 4(13), 2586-2595. Retrieved 12 February, 2019, from http://www.academicjournals.org/app/webroot/article/article1380705933_Ibrahim%20and%20Samad.pdf
Zin, N. M., Hak, N. A., Mohd, A., Malek, N. A., Ibrahim, N., Soh@Yusoff, R. C., Ibrahim, B. (2016). Islamic family law in Malaysia. Kuala Lumpur, Malaysia: Sweet & Maxwell.
Mohd Salim, W., & Abd. Ghadas, Z. (2012). Sustainability of the family ownership in a family business via inheritance: An Appraisal with special reference to the Malaysian law. Australian Journal of Basic and Applied Sciences, 6(11), 354-360. Retrieved September 16, 2018, from http://irep.iium.edu.my/27649/
Abd Ghadas, Z., & Ibrahim, N. (2011). Best interest of children in the division of family business as matrimonial property : The civil an Shariah courts' perspectives in Malaysia. Malayan Law Journal, 2, i-xxiii. Retrieved Oktober 25, 2017, from http://irep.iium.edu.my/3340/
In-Text Citation: (Ibrahim, Ghadas, & Sacko, 2019)
To Cite this Article: Ibrahim, N., Ghadas, Z. A. A., & Sacko, A. S. (2019). The Rights of Children Over a Deceased Parent Matrimonial Property: Special Reference to Family Business. International Journal of Academic Research in Business and Social Sciences, 9(3), 420–426.
Copyright: © 2019 The Author(s)
Published by Human Resource Management Academic Research Society (www.hrmars.com)
This article is published under the Creative Commons Attribution (CC BY 4.0) license. Anyone may reproduce, distribute, translate and create derivative works of this article (for both commercial and non-commercial purposes), subject to full attribution to the original publication and authors. The full terms of this license may be seen at: http://creativecommons.org/licences/by/4.0/legalcode