Abam Case
Abam Case
SEMESTER : TWO
SESSION : 2019/2020
____________________________________________________
TOPIC :
WEALTH DISTRIBUTION
TUTORIAL : TME 3
PREPARED BY :
ASSIGNMENT : 1
CONTENTS
INTRODUCTION......................................................................................................2
RELATED TO VIDEO ALIFF SYUKRI.................................................................3
CONCLUSION...........................................................................................................9
1
INTRODUCTION
Wealth planning is one of the processes that takes place during one's lifetime
for the purpose and convenience of the property owner and his or her stakeholders.
It is important in human life. There are some components of inheritance estate in
Malaysia which is Hibah, Wasiyyah, Waqf and Faraid. In the case of Abam, there are
some issues on Faraid.
Faraid is the distribution of inheritance after the death of a Muslim who has
been appointed under Islamic law to legally heirs (such as children, husband and
wife, mother, father, etc). Faraid system is one of the best estate planning
instruments in the planning of property after death. The law of distribution of faraid to
those who have right is compulsory to perform and fardu kifayah to Muslims
especially the heirs to resolve it. The rights of faraid have been specifically
determined by Allah Almighty.
After several weeks of the death of Syed Umar Mokhtar (Abam Bocey), some
issues arose regarding Ali Puteh and his brother’s widow, Nor Hidayah. The issues
occur after the interview between Nor Hidayah and Dato Aliff Syukri.
During the interview, Nor Hidayah said there were some obstacles he had
faced after the death of her husband (Abam Bocey) which involved Abam’s property
that allegedly being managed by Abam’s family.
Due to the video and the fact that Nor Hidayah said during interview, Ali Puteh
as Abam’s sibling will hold a press conference to clarify all matters related to the
issue.
1. Who is ABAM?
His name Syed Umar Mokhtar B. Syed Mohd Redzuan as known as ABAM BOCEY. He is a
comedian artist. He has a wife, Nor Hidayah and a son Syed Uthman Hamzah.
2
Love to attends majlis ilmu
Love to forgive people
Love to give charity to his family, orphan, and the needy people
Based on what Hidayah had said, she wants to go to a clinic due to her son
health who is Hamzah. He got a fever after two days the funeral of his father.
So Hidayah decided to bring him to a clinic with her late husband car with
asking the car keys, but her family in-law don’t give it to her. But then after
Hidayah said that her son is sick, so they gave the car keys to her.
Hidayah also said that she did not had been given nothing since her husband
passed away.
Regarding to the will, Hidayah said she does not know about it as her family
in-law will settled it overall. So she decides to stay with her family until her
“iddah” end.
Based on what she said, she will work with her father by running her father
business and also help her sister’s in making “Roti Jala”.
So what we can see, Alif Syukri should not ask about the will to Hidayah as
she still in a trauma after lost her husband. Maybe for now she did not think
about the will instead of raise her son by her own cause everything be on her
responsible.
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RELATED TO VIDEO ALI PUTEH
Ali Puteh statement towards his brother’s widow (Hidayah):
Ali said he had discussed with Hidayah on the second day of Abam's death
that he would take care of important matters especially Abam's debts.
When it comes to mobile phones, Ali's purpose is to get it because Ali knows
a lot about Abam's work because previously Ali had managed all of Abam's
work. Ali also wants to finish Abam's unfinished work before Abam dies.
Through the phone, Ali can check if Abam has any debt that needs to be
settled. Because all his debts need to be settled first.
Ali explained that he took his brother's wallet to get the artist's card
information, but he was shocked when his sister-in-law handed it over without
cash and Abam bank's card. He knew his brother would always make sure
there was money in his wallet. He said to his sister-in-law that “If eating it is a
mistake because nothing has been done yet. Even if it screamed, it would still
be faraid. But it's fine, I don't want to think about it."
Abam has two cars which are Toyota Vellfire and Perodua Myvi. The Vellfire
Abam bought before he was married and still in debt. Ali had explained to his
sister-in-law about the monthly payment amount for the Toyota Vellfire and if
she could afford it, she could take the car and pay for it. The Myvi cars are
taken by Abam from their uncle and continue paid the car loan by Abam.
Before Abam died, he decides that when the loan paid off, he wanted to
change his Myvi ownership name to his wife.
The issue of Hidayah had to bring her son to the clinic by Grab. His mom
asked her to take her son to the clinic because of the fever. The Abam’s driver
took her and her son to the clinic by car which is Myvi. So, there is no story
about that she brings her son to the clinic by Grab.
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The issue that Hidayah was expelled from her house without bring anything.
Ali said that she was the one who wanted to leave the house. The issue
without bring anything is impossible because her room was empty including
savings and Abam’s expensive watches collection. Everything was brought
together with her.
Ali said he knew the religious law regarding the rights of the deceased and his
family. The faraid will be distributed to Abam’s parent, wife and his son so his
siblings do not the other siblings had no right to all the Abam’s property. The
agreement was made that Hidayah agreed that Ali would assist the faraid
process to facilitate Hidayah.
The issue that the Hidayah bank account number was spread in social media.
Ali wonders why his sister-in-law gave her bank account to an outsider as she
asked for a donation from the outsider while Abam had provided enough
money for him and his son to continue living after his death.
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RELATED TO ANY LEGAL PERSPECTIVE
1. Lecturer in National University of Malaysia (UKM), Prof Datuk Dr Izhar Ariff
Mohd Kashim stated:
Abam’s spouse should go to court to settle this faraid case for more detail
because they will explain more about it with whom that expert in this field.
This is because the faraid system will include the amount of property that
will be discussed such as sanctuary property, halal property and so on.
Moreover, all case that including property should give more attention
because it cannot just be seen from our perspective but it includes in
Shariah perspective.
After go through into this thing, we would know how much each person will
get from that property. As in shariah, it had been stated that faraid would
be given with 4/24 for father, 4/24 for mother, 3/24 for spouse and 13/24
for son.
He also gives advice for Nor Hidayah, Abam’s wife to make agreement
with Ali so that Ali just going to help her to solve this case not to take away
the property. This is because Ali and any other Abam’s siblings do not
have right to take Abam’s property from his wife and son.
He also talks about the property that will be given to Abam’s son, Syed
Uthman who is still under age. He suggested that Nor Hidayah should
appoint someone that will take care of his property until Syed Uthman old
enough to take care the property.
He also talks about Nor hidayah behaviour that go out from the house that
still in iddah. He stated that if she in desperate situation who want to make
money or to get food for her son, it is allowed. However, if she goes out
from in-law’s house, she should have asked permission.
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3. Shariah lawyer, Khairul Fahmi Ramli stated:
They should solve the debt first before take care of faraid’s case.
The first thing that we should do with the dead’s property is to settle dead’s
debt which is Abam’s debt. These include with the sanctuary property with
the wife because wife have right to defend wife’s life and the son after the
dead of husband. Finish about that, they will cover about the will if Abam
have make the will. The last part, they will cover this faraid’s case.
In the last part, he stated that Nor Hidayah have right to ask about that
property because she have the right to ask about that. And the best way is
settle the sanctuary property first before discussed about faraid.
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IT IS RIGHT TO ASK THE MONEY IN THE WALLET OF
ABAM?
Based on our opinion, Ali Puteh which is Abam’s sibling has right to ask about the
money in the wallet of Abam because:
First intention Ali Puteh took the wallet because want to get the artist's card
information for manage khayrat kematian but after he got the wallet there was
no money and bank’s card. He just shocked because before Abam’s died the
wallet will always have money.
When Abam’s die, if the wallet has money it will be inheritance and must be
hand it over to the court.
If Abam’s spouse want to survive such get food, buy milk for her son she can
ask her family in law to buy. It is because during iddah, the responsible to do it
is belonging to Abam’s family.
Nor Hidayah can take the money in the wallet as their need to survive but she
must write the total amount she used while waiting the court order regarding
the faraid of her husband’s wealth because she is fully housewife and does
not have any sources of income.
If there are dissatisfaction in Abam’s family, the money that Hidayah taken
from the Abam’s wallet can be deducted after Hidayah get the total amount of
faraid.
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CONCLUSION
Generally, in the event of death, we should not ask any sensitive questions to
their heirs which can lead to dispute with each other. We also cannot blame either Ali
or Hidayah because we did not know the truth story behind this case. Besides, it
might be some miscommunication between both of them.
From this case, we can learn many things due to Islamic Wealth. Based on
our observation there are several problems that face by the society according to the
wealth planning which is lack awareness knowledge about estate planning.
As we know, every Muslim on the day of Judgement will not miss the question
of property, where it comes from and where it is spent.