The Challenges of Fraud to Land Administration System in Malaysia

Landowners might be wondering why land fraud cases keep cropping up notwithstanding efforts and measures towards its prevention has been continuously implemented and monitored. Transition from paper-based to computerised land administration system with the implementation of the Computerised Land Registration System and e-tanah pave opportunities for new form of land fraud. The unpleasant truth is the more sophisticated the system, the more inventive the fraudsters can be. This paper seeks to analyse the challenges of fraud in land administration system by examining modus operandi in land fraud through selected decided cases. The research employs a doctrinal legal approach by examining authoritative legal texts and decided cases to analyse the issue. The findings from the analysis recognise that systematic fraud preventive actions are necessary in combating land fraud, and this include risk mitigating instruments in the form of land title assurance fund. Maqasid Syariah in its approach also emphasises preservation of integral pillars to redress the challenges of fraud in Malaysia.