Azizan Md Arshad JC:

GROUNDS OF DECISION

PA-31NCvC-804-09/2022 [Enclosure 6]

PA-31NCVC-805-09/2022 [Enclosure 7]

PA-31NCVC-837-09/2022 [Enclosure 6]

PA-31NCVC-1099-12/2022 [Enclosure 6]

Introduction

[1]Since all four cases are based on the same reference and legal question, this court decided 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 for an inheritance involving a faraid certificate (“Sijil Faraid ‘)

The law

[2]In this case, the specific reference is Order 71 rule 5(1) of the ROC 2012O 71 r. (5) (1) which is stated as follows:

“Application for grant (O. 71 r. 5)

(1) Every application for a grant shall be made by originating summons in Form 6 and shall be supported by an affidavit setting out the information in Form 159 and any other information and/or documents as the Registrar may require.

Background facts

[3]These application are made under O. 71 r.5 (1) of the ROC 2012Sijil Faraid from the Syariah Court and attached it to the applications as required pursuant