Towards formulating a specific legislation on the law of presumption of death in Malaysia

The existing law in Malaysia authorized an evidence of existence of physical body before the law recognized the end of presumption of life of person. Hence, problem may arise where a person has been missing and his whereabouts is not known to the person close to them as no declaration of dead can be...

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Main Authors:	Mohd Noor, Nor Azlina, Abd. Aziz, Ahmad Shamsul, Halim, Akmal Hidayah
Format:	Article
Language:	English English English
Published:	Indian Journal of Public Health Research and Development 2018
Subjects:	KPG Malaysia
Online Access:	http://irep.iium.edu.my/70111/ http://irep.iium.edu.my/70111/ http://irep.iium.edu.my/70111/ http://irep.iium.edu.my/70111/1/70111_Towards%20formulating%20a%20specific%20legislation_MYRA%20.pdf http://irep.iium.edu.my/70111/2/70111_Towards%20formulating%20a%20specific%20legislation_SCOPUS.pdf http://irep.iium.edu.my/70111/13/Towards%20Formulating%20a%20Specific%20Legislation%20on%20the%20Law%20of%20Presumption%20of%20Death%20in%20Malaysia.pdf

id	iium-70111
recordtype	eprints
spelling	iium-701112020-03-19T13:47:24Z http://irep.iium.edu.my/70111/ Towards formulating a specific legislation on the law of presumption of death in Malaysia Mohd Noor, Nor Azlina Abd. Aziz, Ahmad Shamsul Halim, Akmal Hidayah KPG Malaysia The existing law in Malaysia authorized an evidence of existence of physical body before the law recognized the end of presumption of life of person. Hence, problem may arise where a person has been missing and his whereabouts is not known to the person close to them as no declaration of dead can be made as there is no body to support the contention. This article seeks to examine the specific law in England & Wales namely Presumption of Death Act 2013 in order to suggest an appropriate legal framework on presumption of death in Malaysia. For this purpose, the discussion adopts the doctrinal analysis by examining the existing primary and secondary materials includes statutory provisions, case law and other legal and non-legal literatures relating to the presumption of death and missing persons. This article concludes that there is a need to propose a specific legislative act to harmonize the uncertainties in the existing legal framework. There must be a statutory recognition of ‘specific peril’ rules to circumvent the hardship of seven years common law waiting period. The law must have following features which are, the court must have jurisdiction's over the property of the missing person; notice to the presumed missing person must be attempted; the lapse of time before the presumption can be raised must be reasonable and there should be some safeguard for the missing person should he return. Indian Journal of Public Health Research and Development 2018 Article PeerReviewed application/pdf en http://irep.iium.edu.my/70111/1/70111_Towards%20formulating%20a%20specific%20legislation_MYRA%20.pdf application/pdf en http://irep.iium.edu.my/70111/2/70111_Towards%20formulating%20a%20specific%20legislation_SCOPUS.pdf application/pdf en http://irep.iium.edu.my/70111/13/Towards%20Formulating%20a%20Specific%20Legislation%20on%20the%20Law%20of%20Presumption%20of%20Death%20in%20Malaysia.pdf Mohd Noor, Nor Azlina and Abd. Aziz, Ahmad Shamsul and Halim, Akmal Hidayah (2018) Towards formulating a specific legislation on the law of presumption of death in Malaysia. Indian Journal of Public Health Research & Development, 9 (11). pp. 1404-1409. ISSN 0976-0245 E-ISSN 0976-5506 http://www.ijour.net/ijor.aspx?target=ijor:ijphrd&volume=9&issue=11&article=238 10.5958/0976-5506.2018.01648.0
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English English
topic	KPG Malaysia
spellingShingle	KPG Malaysia Mohd Noor, Nor Azlina Abd. Aziz, Ahmad Shamsul Halim, Akmal Hidayah Towards formulating a specific legislation on the law of presumption of death in Malaysia
description	The existing law in Malaysia authorized an evidence of existence of physical body before the law recognized the end of presumption of life of person. Hence, problem may arise where a person has been missing and his whereabouts is not known to the person close to them as no declaration of dead can be made as there is no body to support the contention. This article seeks to examine the specific law in England & Wales namely Presumption of Death Act 2013 in order to suggest an appropriate legal framework on presumption of death in Malaysia. For this purpose, the discussion adopts the doctrinal analysis by examining the existing primary and secondary materials includes statutory provisions, case law and other legal and non-legal literatures relating to the presumption of death and missing persons. This article concludes that there is a need to propose a specific legislative act to harmonize the uncertainties in the existing legal framework. There must be a statutory recognition of ‘specific peril’ rules to circumvent the hardship of seven years common law waiting period. The law must have following features which are, the court must have jurisdiction's over the property of the missing person; notice to the presumed missing person must be attempted; the lapse of time before the presumption can be raised must be reasonable and there should be some safeguard for the missing person should he return.
format	Article
author	Mohd Noor, Nor Azlina Abd. Aziz, Ahmad Shamsul Halim, Akmal Hidayah
author_facet	Mohd Noor, Nor Azlina Abd. Aziz, Ahmad Shamsul Halim, Akmal Hidayah
author_sort	Mohd Noor, Nor Azlina
title	Towards formulating a specific legislation on the law of presumption of death in Malaysia
title_short	Towards formulating a specific legislation on the law of presumption of death in Malaysia
title_full	Towards formulating a specific legislation on the law of presumption of death in Malaysia
title_fullStr	Towards formulating a specific legislation on the law of presumption of death in Malaysia
title_full_unstemmed	Towards formulating a specific legislation on the law of presumption of death in Malaysia
title_sort	towards formulating a specific legislation on the law of presumption of death in malaysia
publisher	Indian Journal of Public Health Research and Development
publishDate	2018
url	http://irep.iium.edu.my/70111/ http://irep.iium.edu.my/70111/ http://irep.iium.edu.my/70111/ http://irep.iium.edu.my/70111/1/70111_Towards%20formulating%20a%20specific%20legislation_MYRA%20.pdf http://irep.iium.edu.my/70111/2/70111_Towards%20formulating%20a%20specific%20legislation_SCOPUS.pdf http://irep.iium.edu.my/70111/13/Towards%20Formulating%20a%20Specific%20Legislation%20on%20the%20Law%20of%20Presumption%20of%20Death%20in%20Malaysia.pdf
first_indexed	2023-09-18T21:39:32Z
last_indexed	2023-09-18T21:39:32Z
_version_	1777413047454793728

Towards formulating a specific legislation on the law of presumption of death in Malaysia

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