If you have a joint tenancy property
There is a conflict between the Civil Law and the Syariah’s treatment of joint tenancy property.
Civil Law implication:
Upon the death of one joint tenant, his interest in the property passes to the other joint tenants by the right of survivorship. This process continues until there is one survivor who then holds the property as the sole owner. A joint tenancy cannot pass under the will or intestacy of a joint tenant. This principle is further affirmed in the recent case of Shafeeg bin Salim Talib’s (2009) in the Appeals Court.
Extracted from MUIS’ fatwa on Joint Tenancy: “If no other arrangement or agreement has been made between the joint owners of a property, upon the death of one of the joint owners, the surviving joint owner will not have full ownership of the property. The surviving joint owner shall only be entitled to half (50%) of the value of the property. This (50%) entitlement arises from his/her position as a joint tenant.” Please click here for the full fatwa.
What you can do:
To be consistent with Syariah, MUIS’ fatwa recommends that you do a nuzriah or hibah ruqba to effect the transfer of the property to the other joint tenant.
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