1. Land Law I tutorial questions (ISLAMIC LAND OWNERSHIP &HISTORICAL
BACKGROUND)
QUESTION 1
Explain the characteristics of Malay customary tenure and its resemblance to the Islamic land
tenure system.
QUESTION 2
Explain two characteristics of the Torrens system. Support each characteristic with case law or
legal provisions.
QUESTION 3
Give two advantages of the Torrens system and two disadvantages of the Deeds system.
QUESTION 4
Under Islamic land ownership, man is said to be a trustee when he owns land. Briefly explain
this concept of trusteeship with reference to at least one authority from the Quran or Hadith.
QUESTION 5
Various systems relating to land tenure have evolved in the states of Peninsular Malaysia from
the Malacca Sultanate until present times. Discuss, with references to relevant legal authorities,
the types of land systems that have been in place in Malaysia until the passing of the National
Land Code 1965 and how the Torrens system has reformed Malaysia’s land law.
QUESTION 6
In Shaik Abdul Latif&Ors v Shaik Elias Bux [1915] 1 FMSLR 204 at p. 221 Innes J.C observed
that:
“On each occasion when the introduction of British influence upon the
administration of the States has been formally recognised by their Rulers the only
law which existed and was accepted by the Malays and other Mohammedans as
applicable to questions of inheritance and testamentary dispositions was that of
Mohammad modified in a few districts by local custom.”
Discuss the above statement in light of laws relating to land tenure before, during and after the
presence of British in the Malay states and the extent of which those principles remain relevant
under the present land system.
![Land Law I tutorial questions (ISLAMIC LAND OWNERSHIP &HISTORICAL
BACKGROUND)
QUESTION 1
Explain the characteristics of Malay customary tenure and its resemblance to the Islamic land
tenure system.
QUESTION 2
Explain two characteristics of the Torrens system. Support each characteristic with case law or
legal provisions.
QUESTION 3
Give two advantages of the Torrens system and two disadvantages of the Deeds system.
QUESTION 4
Under Islamic land ownership, man is said to be a trustee when he owns land. Briefly explain
this concept of trusteeship with reference to at least one authority from the Quran or Hadith.
QUESTION 5
Various systems relating to land tenure have evolved in the states of Peninsular Malaysia from
the Malacca Sultanate until present times. Discuss, with references to relevant legal authorities,
the types of land systems that have been in place in Malaysia until the passing of the National
Land Code 1965 and how the Torrens system has reformed Malaysia’s land law.
QUESTION 6
In Shaik Abdul Latif&Ors v Shaik Elias Bux [1915] 1 FMSLR 204 at p. 221 Innes J.C observed
that:
“On each occasion when the introduction of British influence upon the
administration of the States has been formally recognised by their Rulers the only
law which existed and was accepted by the Malays and other Mohammedans as
applicable to questions of inheritance and testamentary dispositions was that of
Mohammad modified in a few districts by local custom.”
Discuss the above statement in light of laws relating to land tenure before, during and after the
presence of British in the Malay states and the extent of which those principles remain relevant
under the present land system.](https://image.slidesharecdn.com/ll1tutorialquestionsislamhistory-140219215935-phpapp02/85/land-law-1-tutorial-questions-1-1-320.jpg)
