Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors

Privileged will is the right of soldiers and airmen, and sailors, to dispose of their property during “actual military service”, and “at sea”, respectively. The sustainability of this right leads to economic prosperity and social justice. The objective of this paper is to examine the sustainability...

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Main Authors:	Hussain, Faridah, Mohd Kamal, Mohd Hisham, Halim, Akmal Hidayah, Ahmad Bustami, Tajul Aris
Format:	Article
Language:	English
Published:	PKP Publishing Services 2016
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/55233/ http://irep.iium.edu.my/55233/ http://irep.iium.edu.my/55233/1/70-404-2-PB.pdf

id	iium-55233
recordtype	eprints
spelling	iium-552332017-02-13T08:17:37Z http://irep.iium.edu.my/55233/ Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors Hussain, Faridah Mohd Kamal, Mohd Hisham Halim, Akmal Hidayah Ahmad Bustami, Tajul Aris K Law (General) Privileged will is the right of soldiers and airmen, and sailors, to dispose of their property during “actual military service”, and “at sea”, respectively. The sustainability of this right leads to economic prosperity and social justice. The objective of this paper is to examine the sustainability of privileged wills as a model for combating poverty among soldiers, airmen and sailors in Malaysia. Privileged wills appear to be relevant and important as soldiers, airmen and sailors may dispose of their properties during difficulties in obtaining advice and assistance to make a formal will. Despite the benefit, it is found that the legal provisions relating to privileged wills are not applicable to Muslims and native soldiers and sailors, and that there is no clear legal provision to guide Muslims and native soldiers and sailors to make privileged wills. The methodology employed in discussing this paper is a qualitative research using doctrinal and comparative approach to the legal systems. This paper analyses legislations governing privileged wills ranging from the Malaysian Wills Act 1959 (Act 346), the Sabah Wills Ordinance (Sabah Cap. 158), Armed Forces Act 1972 (Act 77) and the English Wills Act 1837. The study suggests that the Government of Malaysia should support the idea to extend the provision of law on privileged wills to Muslim and native soldiers and sailors. This is to enable the society to earn and benefit from the property disposed of by soldiers, airmen and sailors. PKP Publishing Services 2016 Article PeerReviewed application/pdf en http://irep.iium.edu.my/55233/1/70-404-2-PB.pdf Hussain, Faridah and Mohd Kamal, Mohd Hisham and Halim, Akmal Hidayah and Ahmad Bustami, Tajul Aris (2016) Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors. Journal of Asian and African Social Science and Humanities, 2 (3). pp. 61-73. ISSN 2413-2748 https://www.aarcentre.com/index.php/aarcentre/index
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Hussain, Faridah Mohd Kamal, Mohd Hisham Halim, Akmal Hidayah Ahmad Bustami, Tajul Aris Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
description	Privileged will is the right of soldiers and airmen, and sailors, to dispose of their property during “actual military service”, and “at sea”, respectively. The sustainability of this right leads to economic prosperity and social justice. The objective of this paper is to examine the sustainability of privileged wills as a model for combating poverty among soldiers, airmen and sailors in Malaysia. Privileged wills appear to be relevant and important as soldiers, airmen and sailors may dispose of their properties during difficulties in obtaining advice and assistance to make a formal will. Despite the benefit, it is found that the legal provisions relating to privileged wills are not applicable to Muslims and native soldiers and sailors, and that there is no clear legal provision to guide Muslims and native soldiers and sailors to make privileged wills. The methodology employed in discussing this paper is a qualitative research using doctrinal and comparative approach to the legal systems. This paper analyses legislations governing privileged wills ranging from the Malaysian Wills Act 1959 (Act 346), the Sabah Wills Ordinance (Sabah Cap. 158), Armed Forces Act 1972 (Act 77) and the English Wills Act 1837. The study suggests that the Government of Malaysia should support the idea to extend the provision of law on privileged wills to Muslim and native soldiers and sailors. This is to enable the society to earn and benefit from the property disposed of by soldiers, airmen and sailors.
format	Article
author	Hussain, Faridah Mohd Kamal, Mohd Hisham Halim, Akmal Hidayah Ahmad Bustami, Tajul Aris
author_facet	Hussain, Faridah Mohd Kamal, Mohd Hisham Halim, Akmal Hidayah Ahmad Bustami, Tajul Aris
author_sort	Hussain, Faridah
title	Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
title_short	Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
title_full	Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
title_fullStr	Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
title_full_unstemmed	Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
title_sort	privileged wills in malaysia: the sustainability of privileged wills among soldiers, airmen and sailors
publisher	PKP Publishing Services
publishDate	2016
url	http://irep.iium.edu.my/55233/ http://irep.iium.edu.my/55233/ http://irep.iium.edu.my/55233/1/70-404-2-PB.pdf
first_indexed	2023-09-18T21:18:05Z
last_indexed	2023-09-18T21:18:05Z
_version_	1777411697844158464

Privileged wills in Malaysia: the sustainability of privileged wills among soldiers, airmen and sailors

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