IPOH, Dec 7 — The Muslim Wills Enactment (Perak) 2023 Bill, which aims to provide guidance, manage governance and effectively oversee the creation and implementation of Muslim wills in the state of Perak, was presented today.

Menteri Besar Datuk Seri Saraani Mohamad when tabling the Bill said that at present, there were no specific or detailed provisions related to Muslim wills in Perak.

He said in line with the development of wills as an instrument in the property management of Muslims and the increase in the existence of agencies that managed property through wills, a clear, detailed and comprehensive law needed to be created and enforced immediately in the state.

"The Administration of the Religion of Islam Enactment (Perak) 2004 [Enactment No. 4 of 2004] which is the main law related to the administration of Islam in this state only contains general provisions related to wills such as the authority of the Perak Islamic Religious and Malay Customs Council (MAIPk) to act as an executor for a will.

"The provision, even though it touches on "wills”, is not sufficient at all and is provided together with other unrelated provisions,” he said at the State Assembly sitting here today.

Saarani said the administration and management of estates were largely guided by civil laws such as the Probate and Administration Act 1949, the Small Estates (Distribution) Act 1955, the Distribution Act 1958, the Trustee Act 1949.

He said the Wills Act 1959 also did not touch the will of Muslims directly and didn’t apply to Muslims.

"There are only six states that have specific laws on Muslim wills, namely Selangor (1999, amended in 2016), Negeri Sembilan (2004), Melaka (2005), Kelantan (2009), Pahang (2017) and the latest Sabah (2018),” he said.

While Saarani said the process of finalising the Muslim Wills Enactment (Perak) 2023 Bill had been done through a specific and detailed study related to the technical issues of Syariah law by the research team formed by the Perak State Fatwa Committee.

He said it was then tabled in the Perak State Muslim Wills Bill Technical Committee Meeting and the Perak State Syariah Law Drafting Committee Meeting.

Following that, the bill was approved by the 226th Perak Islamic Religious and Malay Customs Council Conference on November 2 and was then sent for approval to the State Executive Council on November 8, he said. — Bernama