Date of Award

2010

Thesis Type

Masters

Document Type

Dissertation

Divisions

Academy of Islamic Studies

Department

Department of Shariah & Law

Institution

Universiti Malaya

Abstract

This research generally examines the concept of property without nomination and its administration in Malaysia. In order to examine the administration of the property, the Employees Provident Fund (EPF) institution was selected. The main discussion of this research focuses on the EPF claim application and its distribution aspects. Both of the aspects are stated in the EPF Regulations 2001. Furthermore this research is concentrated on the administrative issues of the claim and distribution of the property. This qualitative research had used methods of library research, documentation, sampling (Purposive Sampling) and interviewing in the collection of the data. In analyzing the data, methods of inductive, deductive and comparative had been used. The research found that the property without nomination at the EPF is considered as the estate of a deceased (the nominator). However, the administration of the property is not fully subjected to the administration of inheritance law because it is governed by its own EPF law. The research has also found that the EPF in certain cases has used its discretion to fulfill its responsbilitiy as the trustee for the contributions. There are some problems encountered by the EPF in managing the contributions. These include inadequacy of documents supplied by the applicant needed for the process, absence of mechanism to process cases involving more than one qualified applicants and also problem of legal constraints in dealing with cases of executor not carrying out his responsibility in administering such contributions. At the end of the research, suggestions had been forwarded to improve the EPF withdrawal and distribution procedures for contribution of property without nomination.

Initial

khm

Additional Information

Dissertation (M.A.) – Academy of Islamic Studies, Universiti Malaya, 2010.

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