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HIGH COURT MALAYA PULAU PINANG
RE: MOHD IBRAHIM ABDUL GHANI & OTHER CASES
| Table of Content |
|---|
| 1. all cases heard simultaneously based on shared legal issues. (Para 1 , 3 , 4) |
| 2. contention surrounding the sijil faraid requirement and its implications. (Para 5 , 6 , 7 , 8) |
| 3. discussion on judicial discretion and procedural requirements. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. emphasized the need for sijil faraid pursuant to proper administrative law. (Para 17 , 18 , 19 , 20 , 21) |
| 5. final decision states all cases referred to the registrar. (Para 23 , 24) |
Introduction
[1] Since all four cases are based on the same reference and legal question, this Court decided that they ought to be heard simultaneously. The issue that is referred to this Court, although it seems trivial, brings importance to stakeholders who deal with the Court, whether legal practitioners or the public. It involves Muslims who want to obtain a letter of administration to administer an inheritance involving a Faraid certificate ("Sijil Faraid ")
The Law
[2] In this case, the specific reference is O 71 r 5(1) of the ROC 2012 (O 71 r 5(1)) which states as follows:
"Application for grant (O 71 r 5)
(1) Every application for a grant shall be made by originating summons in Fo
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