Sabah has become the first state in Malaysia to pass a law specifically governing the administration of Muslim estates under the jurisdiction of the Syariah Courts.
The Sabah State Legislative Assembly on Wednesday passed the Muslim Succession Enactment 2026, marking the country’s first Syariah Court-based legislation dedicated to the administration of Muslim estates.
The Bill was approved after receiving majority support from state assembly members, with Speaker Datuk Seri Kadzim M. Yahya announcing its passage.
Tabling the Bill, State Local Government and Housing Minister Datuk Dr Mohd Arifin Mohd Arif described the legislation as a historic milestone that provides a comprehensive legal framework for managing and distributing Muslim estates in accordance with Hukum Syarak (Islamic law) while protecting the rights of heirs and other interested parties.
“This Bill marks a historic milestone. It is the first law in Malaysia specifically dedicated to the administration of Muslim estates under the jurisdiction and authority of the Syariah Courts,” he said during his winding-up speech.
Dr Mohd Arifin said estate administration goes beyond asset distribution, describing it as a Fardu Kifayah (communal religious obligation) involving the rights of the deceased, beneficiaries and religious responsibilities.
He said the new law ensures that every stage of estate administration—from identifying heirs and settling debts to executing wills and distributing inheritance according to faraid (Islamic inheritance law)—is carried out fairly, transparently and in line with Syariah principles.
The enactment also encourages Muslim converts (mualaf) to plan their estates during their lifetime through instruments such as hibah (gifts), wasiat (Islamic wills) and other methods permitted under Islamic law.
For converts who pass away without making prior estate arrangements, Dr Mohd Arifin said the Syariah Court will have the authority to administer and distribute their estates according to Islamic law while also recognising the interests of their non-Muslim family members.
He added that non-Muslim relatives will be allowed to appear before the Syariah Court to present their claims or interests in the deceased’s estate.
The legislation also empowers the Syariah Court to hear claims involving debts, harta sepencarian (jointly acquired matrimonial property) and other legitimate interests involving non-Muslim family members to ensure disputes are resolved fairly while preserving family harmony.
Dr Mohd Arifin said the new law also provides stronger protection for vulnerable groups, including children, persons with disabilities, individuals lacking legal capacity and missing persons (mafqud), whose inheritance rights are often at risk.
He noted that there have been cases where estate assets were misappropriated because beneficiaries were minors or could not be located.
To address this, the enactment introduces stricter safeguards and oversight mechanisms to protect their inheritance rights and prevent abuse.
The law also establishes enforcement powers and creates offences related to Muslim estate administration, including falsifying heirship documents, concealing estate assets and violating the inheritance rights of other beneficiaries.
Those found guilty of such offences could face legal action under the new enactment, which aims to curb misconduct that has long contributed to disputes over inheritance.
Dr Mohd Arifin said the Muslim Succession Enactment 2026 will strengthen Sabah’s Syariah judicial system while providing greater legal certainty, fairness and efficiency in the administration of Muslim estates across the state.
