POTENTIAL OF CREATING INHERITENCE COURT IN MALAYSIA: A LITERATURE REVIEW

Jurisdiction conflict between the Shariah and Civil Courts which prolongs even after the existence of Article 121 (1A) gives a negative impact to the Shariah Court particularly in matters concerning inheritance property management and administration of Muslims. Implicitly, this situation can cause a surge of unclaimed properties to occur and disputes among heirs in seizing of the properties. From this onset, the objective of this article is to study and examine gaps in previous research works in relation to the potential of creating Inheritance Court in Malaysia. Methodology of this literature review employed a qualitative approach and the design of this study is based upon content analysis. Data gathering was made through document analysis and a method of data analysis was carried out descriptively. Findings of this review reveal that discussion on Inheritance Court in literatures is few in numbers and is limited to only suggestions of its establishment without a more detailed explanation. Hence, this study proposed a more comprehensive study in the context of the potential of creating Inheritance Court being realised and being able to contribute in confronting the occurring conflicts while directly solve the problems of Muslim inheritance in Malaysia.