By Olivia Miwil
KOTA KINABALU: Sabah has passed a law on the management of Muslim inheritance under the authority and jurisdiction of the Syariah Court.
State Executive Council Member for Religious Affairs Datuk Mohd Arifin Mohd Arif, who tabled the Muslim Succession Bill 2026, described it as a significant milestone, saying it is the first of its kind in the country.
He said the Bill seeks to provide a legal framework for inheritance based on Islamic law for Muslims, converts to Islam and their non-Muslim family members.
"This Bill ensures that every stage of inheritance management, from determining heirs and settling debts to implementing wills and distributing faraid inheritance, is carried out fairly, equitably and in compliance with Syariah principles.
"This Bill also provides legal clarity for converts to Islam (mualaf) to make early arrangements for the management of their assets by encouraging them to plan and manage their wealth during their lifetime through instruments such as hibah (gifts), wills or other methods permitted under Islamic law.
"Should they die without making any prior arrangements, the Syariah Court may manage the distribution of the deceased Muslim convert's estate in accordance with Islamic law, without disregarding the interests of non-Muslim heirs.
"Subsequently, non-Muslim family members of a deceased Muslim convert will be given the opportunity and the right to appear before the Syariah Court to state their interests in relation to the deceased's estate," he said in his winding-up speech.
Mohd Arifin, who is also the Local Government and Housing Minister, said the Bill is also intended to protect vulnerable groups such as children, persons lacking capacity and missing persons (mafqud).
He said there had been many cases in which inheritance assets were misappropriated because heirs were underage or could not be traced.
"Arbitrary actions such as falsifying heir documents, concealing inheritance assets or infringing on the rights of other heirs can now be subjected to firm legal action.
"This measure enables enforcement authorities to act lawfully in combating inheritance misappropriation, which has long been a source of family disputes."
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