JUDGMENT

MPH Rubin J:

[1] This case concerns the validity of a will made by Haji Ibrahim bin Abdul Samad ("the testator"), a Malay Muslim from Singapore. He passed away on 14 September 1997, having made his last will and testament on 9 December 1996, leaving behind a wife, three sons and seven daughters. The first and second plaintiffs are two of the children of the testator. The defendant is another son who is the executor of the testator's estate. The plaintitfs are challenging parts of the will.

[2] The general issue in this action is whether certain parts of the declarations and bequests contained in the will accord with the principles of Muslim law applicable to Muslims of the Shafii school of law to which the testator and his heirs belong.

[3] A specific issue that falls for determination concerns an aspect called, "nuzriah". The term "nuzriah" does not appear or feature in any of the treatises, writings or books published by or attributed to any Muslim scholars or jurists.

[4] However, the court was informed by the expert witness who appeared for the defendant that the word "nuzriah" is derived from the word "nazar", that it is a minor nazar and that both terms connote the same c