JUDGMENT

Azizan Md Arshad JC:

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 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 applications are made under O 71 r 5(1) of the ROC 2012 for the issuance of the Letter of Administration ("LA") as well as exempting the Applicant from two (2) guarantors and bonds. All the cases have been set before the Registrar of the High Court ("Registrar/SAR") and the Registrar has informed