The prohibited “alien practice” of joint tenancy in Islamic Law – Salmah bt Omar & 6 Ors v Ahmad Rosli bin Aziz (Pentadbir Harta Pesaka Osman bin Mohamed, simati) & Anor

In Salmah bt Omar & 6 Ors v Ahmad Rosli bin Aziz (Pentadbir Harta Pesaka Osman bin Mohamed, simati) & Anor (“Salmah’s case”),1 the High Court of Penang dealt with this issue: In respect of a land in the Straits Settlement, is joint tenancy recognised under Islamic law, such that one can apply the right of survivorship to Muslim inhabitants there? Zakaria Sam J held that Islamic law prohibits joint tenancy. Consequently, the right of survivorship was not operative between the co-owners.