WEE KU WING v. AMIRA UMAIRA TENG ABDULLAH
COURT OF APPEAL, PUTRAJAYA
SUPANG LIAN JCA
SHAHNAZ SULAIMAN JCA
AMARJEET SINGH SERJIT SINGH JCA
[CIVIL APPEAL NO: D-01(NCVC)(A)-550-08-2024]
23 JULY 2026
[2026] CLJ JT (14)
Abstract – (i) The application of the Distribution Act 1958 ('DA') is determined by the religion of the deceased rather than the beneficiary. A legitimate child, regardless of religious status, remains entitled to inherit under the DA where the deceased's estate is that of a non-Muslim, as the DA contains no provision excluding a Muslim child from inheriting a non-Muslim parent's estate; (ii) Uncodified religious principles, including hadith and fatwa, cannot override clear statutory provisions enacted by Parliament or the State Legislatures. In matters concerning the distribution of a non-Muslim deceased's estate, the civil courts are bound to apply the relevant written law, namely the DA, as the matter falls within civil succession and not Islamic personal law.
SUCCESSION: Distribution of estate – Entitlement – Intestate estate of non-Muslim deceased – Muslim child, being legitimate child of deceased, excluded as beneficiary of deceased's estate – Whether Distribution Act 1958 ('DA') precluded Muslim child from inheriting from non-Muslim deceased parent's estate – Whether applicability of DA determined by religion of deceased or beneficiary – Whether exclusion of beneficiary from small estate proceedings rendered distribution order liable to be set aside – Whether other beneficiaries were entitled to be heard in application to set aside distribution order
ISLAMIC LAW: Legislation – Validity – Hadith and fatwa – Hadith and fatwa issued by Mufti of Federal Territories stating that Muslims could not inherit from non-Muslims and vice versa – Whether such hadith and fatwa had been codified into Malaysian law – Whether uncodified religious principles could override clear statutory provisions enacted by Parliament – Whether such principles applicable in civil proceedings concerning distribution of non-Muslim deceased's estate
