Enactment 2005 Malacca – show goodness and mercy

MPF PRESS RELEASE
Enactment 2005 Malacca – show goodness and mercy

We at the Muslim Professionals Forum ( MPF ) read with great concern the debate on the Muslim wills enactment 2005 in the Malacca state assembly as reported in the Star last week ( 1 April 2005 ).

During the debate, the plight of the late Abdul Wahid Lim Abdullah’s family came to light. The deceased had converted to Islam in July 1992 without the knowledge of his family, and died 5 months later in a car accident. As Abdul Wahid had died without leaving a will, his estate was automatically placed under the administration of the Malacca Islamic Religious Council. His wife and 3 children being non-Muslims, lost their right to be the beneficiaries of the deceased’s estate.

While this is substantively correct, the Wakaf management committee could perhaps exercise their discretionary powers to return the estate to the deceased’s dependents in the form of a gift.

It is important that the administration of Islamic affairs be seen to be sensitive, just and compassionate to all. In a multi-religious society like ours, such situations and entanglements that involve Muslim and non-Muslim parties are not uncommon, and this calls for greater wisdom and sensitivity on the part of those entrusted with religious authority.

It is callous insensitivity to ask the deceased’s family to pursue their claims in the civil court and subject themselves to the indignity of a drawn-out legal process. The other alternative suggested by the Chief Minister of Malacca, to return it as a gift, is more just to all parties and it is indeed long overdue.

All laws whether Shariah or civil implemented in the name of justice must always be tempered with ihsan (goodness) and rahmah (mercy). We need to show compassion and mercy on his family and not be afraid of creating a precedent. This gesture would echo the Quranic exhortations: “Lo! Allah commands you that you restore deposits to their owners, and if you judge between mankind that you judge justly. Lo! Comely is this which Allah admonish you. Lo! Allah is ever Hearer, Seer.”

( Al-Quran; An-Nisaa’ : Verse 58 )

S.L. Pang @ Farah Abdullah
Board Member
Muslim Professionals Forum
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