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What Is A Wasiat?

A Wasiat is a declaration of a person made during his lifetime with respect to his property or benefit thereof, to be carried out for the purposes of charity or for any other purposes permissible by Islamic Law, after his death. The assets of Muslims who die without Wasiat shall be divided rigidly amongst their heirs in accordance with the Faraid, i.e. the Islamic Law of Inheritance. Heirs are specifically identified in Islam. A spouse, parents and legitimate children (provided they are Muslims) are never excluded from a deceased’s inheritance.

Grand-children, for example, are not automatically regarded as heirs and would benefit only under certain circumstances. Those not regarded as heirs in Islam include, for example, adopted children, illegitimate children and foster parents. It is, nevertheless, enjoined in Islam, for a Muslim to write a Wasiat and to make a bequest of one-third of his assets to his loved ones, be they Muslims or not, or to charity so long as it is made in accordance with the Syariah.

Bearing in mind what the Prophet S.A.W. said, as narrated by Abdullah bin Umar that: “It is not permissible for any Muslim who has something to Will to stay for two nights without having his Last Will and Testament written and kept ready with him“ It is, nevertheless, enjoined in Islam, for a Muslim to write a Wasiat and to make a bequest of one-third of his assets to his loved ones, be they Muslims or not, or to charity so long as it is made in accordance with the Syariah.

hibah is for your loved ones

How About Hibah?

Hibah is a gift of asset(s) made voluntarily by a donor during his/her lifetime to the beneficiary without any consideration. With UBB Amanah Berhad, the asset is entrusted to the appointed trustee to be held for the benefit of the beneficiary(ies) for a certain period of time under a Hibah Deed executed by the donor and the beneficiary(ies) and a Trust Deed executed by the beneficiary(ies) and the trustee.

While Hibah can be performed by a Non-Muslim, the beneficiary can be a Muslim or Non-Muslim, an adult (mukallaf) or a minor who is capable of owning an asset(s). For a minor, a designated representative, executor (wasi) or guardian will accept and receive the Hibah asset(s) on its behalf.

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Faraid Law Information Table

Note: To understand this table, the reader must first decide whether the deceased had a wife or husband, and then search under the appropriate category to see if she or he survived. If neither of these options is accessible, search for “sons and daughters,” “father and mother,” and the remaining in the order given in the first margin. It is presumed that no other relatives exist save those named in each case.

Provides a systematic distribution of property upon the death of a muslim
Ensures that the surviving dependents and relatives of a deceased person will benefit from his estate
If A Person Dies Leaving Division of Real and Personal Property
Wife, daughters, father and mother3/27 to wife, 4/27 each to father and mother, 16/27 to daughters (4)
Wife, mother, full sister, uterine brother and sister, consanguine brother and consanguine sister3/15 to wife, 2/15 to mother, 6/15 to full sister and 4/15 equally between the uterine brother and uterine sister. The consanguine brother and consanguine sister get no shares. (7)
Wife, mother, sister3/13 to wife, 4/13 to mother and 6/13 to sister. (7)
Wife, mother, 2 sisters3/13 share to wife, 2/13 share to mother and 8/13 shares to sisters equally. (7)
Wife, four full brothers and two full sisters¼ to wife, 6/40 to each brother and 3/40 to each sister. (6)
Wife and no relations¼ to wife, ¾ to the Bait-ul-mal(1)
Wife, father and mother¼ to wife, ½ to father and ¼ to mother (5)
Wife, mother and true grandmother¼ to wife, 1/3 to mother and the residue 5/12 to true grandmother.
Wife, four true grandmothers and two paternal uncles¼ to wife, 1/24 to each grandmother and 7/24 to each uncle.
Wife and son (sons)1/8 to wife, rest to son (sons equally)
Wife, two sons and two daughters1/8 to wife, 7/24 to each son and 7/48 to each daughter. (2)
Wife, son and daughter1/8 to wife, 7/12 to son, 7/24 to daughter (2)
Wife, daughters and one son’s son (h.l.s.)1/8 to wife, 2/3 to daughters equally, rest to son’s son
Wife, daughters and one son’s daughter1/8 to wife, 2/3 to daughters equally and rest to Bait-ul-mal
Wife, daughters and two paternal uncles1/8 to wife, 2/3 to daughters equally and 5/48 to each uncle.
Wife, daughters and four true grandmothers1/8 to wife, 2/3 to daughters equally and 1/6 to the grandmothers equally and the rest to the Bait-ul-mal.
Wife and daughters1/8 to wife, 2/3 to daughters and 5/24 to Bait-ul mal
Wife, two daughters, fathers mother1/8 to wife, 2/3 equally to daughters, 1/6 to mother and the residue 1/24 to Bait-ul mal.
Wife, son and father (h.h.s.)1/8 to wife, ¼ to father, rest to son
Wife, daughter and three full brothers1/8 to wife, ½ to daughters, 1/8 to each brother.
Wife, daughter and one son’s son (h.l.s.)1/8 to wife, ½ to daughter, rest to son’s son
Wife, daughter and son’s daughters1/8 to wife, ½ to daughter, 1/6 to son’s daughters equally and rest to the Bait-ul-mal
Wife, uterine sister, four sons of brother, son of uncle1/8 to wife, ½ to daughter and the residue 6/16 to the uncles equally. 1/8 to wife, 1/6 to uterine sister and the residue 28/48 to the sons of brother equally. Son of uncle gets nothing.
Wife and one daughter1/8 to wife, ½ to daughter and 3/8 to Bait-ul-mal.
Wife, mother, two sons1/8 to wife, 1/6 to mother and residue 34/48 equally to sons
Wife, daughter and mother1/8 to wife, 1/6 to mother and ½ to daughter. Rest to Bait-ul-mal.
Wife, daughter, one son’s son and one son’s daughter1/8 to wife, 1/3 to daughter, ¼ to son’s son and 1/8 to son’s daughter. (3)
  1. Re Mutchilim [1960] M.L.J. 25.
  2. The daughters in such case being residuaries with the son.
  3. The son’s daughters being residuary with the son’s son.
  4. An example of the doctrine of aul or increase.
  5. The mother gets 1/3 of ¾ (that is after deducting the wife’s share). This follows a decision of the Caliph Umar.
  6. The brothers and the sisters are residuaries.
  7. An example of aul.
If A Person Dies Leaving Division of Real and Personal Property
Husband and no relation½ to husband and balance to Bait-ul-mal
Husband and son (sons)¼ to husband, rest to son (sons equally).
Husband, son and daughter¼ to husband, ½ to son, ¼ to daughter
Husband, two sons and two daughters¼ to husband, ¼ to each son, 1/8 to each daughter.
Husband and one daughter¼ to husband, ½ to daughter and rest to State.
Husband and daughters¼ to husband, 2/3 to the daughters and rest to State.
Husband, daughter and one son’s son (h.l.s.)¼ to husband, ½ to daughter and rest to son’s son.
Husband, daughters and one son’s son¼ to husband, 2/3 to daughters equally, 1/12 to son’s son (h.l.s.)
Husband and father½ to husband and ½ to father.
Husband, daughter, one son’s son and one son’s daughter¼ to husband, ½ to daughter, 2/12 to son’s son and 1/12 to son’s daughter. (8)
Husband, daughter and three full brothers¼ to husband, ½ to daughter, rest to brothers equally.
Husband, daughters and two paternal uncles¼ to husband, 2/3 to daughters equally and 1/12 to uncles equally.
Husband, daughter and true grandmothers¼ to husband, ½ to daughter, 1/6 to grandmothers equally. Rest to State.
Husband, son and father (h.l.s.)¼ to husband, 1/6 to father, rest to son.
Husband, daughter and father¼ to husband, ½ to daughters, rest to father.
Husband, daughters and mother3/13 to husband, 2/13 to mother, 8/13 to daughters equally. (9)
Husband, daughters, father and mother3/15 to husband, 8/15 to daughters and 2/15 each to father and mother. (10)
Husband, daughter, mother, father, son’s son and son’s daughter6/13 to father, 3/13 to husband, 2/13 to mother and 2/13 to father. The son’s son and son’s daughter are excluded. (10)
Husband, daughter and paternal uncle¼ to husband, ½ to daughter and ¼ to paternal uncle.
Husband, daughter, son’s daughter and two full sisters¼ to husband, ½ to daughter, 1/6 to son’s daughter and 1/12 share equally to sisters. (11)
Husband, daughter, son’s daughter, one full sister and one consanguine sister¼ to husband, ½ to daughter, 1/6 to son’s daughter and 1/12 to full sister. Consanguine sister gets nothing. (11)
Husband, daughter, son’s daughter, two uterine sisters¼ to husband, ½ to daughter, 1/6 to son’s daughter. Residue to Bait-ul-mal.
usband, daughter, father, mother, son’s son and son’s daughter3/13 to husband, 6/13 to daughter, 2/13 each to father and mother. (10)
Husband, father and mother½ to husband, 1/6 to mother, rest to father. (12)
Husband, father, mother and two daughters3/15 share to husband, 2/15 to father, 2/15 to mother and 8/15 to daughters equally. (10)
usband, mother and three full sisters½ to husband, 1/6 to mother, 2/3 to sisters equally.
Husband, mother, full sister, consanguine sister3/8 to husband, 1/8 to mother, 3/8 to full sister, 1/8 to consanguine sister. (10)
Husband, two full brothers and three full sisters½ to husband, 2/14 to each brother and 1/14 to each sister.(13)
Husband, mother, full brother and two uterine sisters½ share to husband, 1/6 to mother and the balance of 1/3 between the two uterine sisters and the full brother. (14)
Husband and daughters of two daughters½ to husband and rest to Bait-ul-mal.
Husband, mother, sister and grandfatherHusband 3/9, mother 2/9 sister 4/27, father’s father 8/27. (15)
Husband, mother, grandfather, one consanguine brother, one or more uterine brothers.Husband ½, mother 1/6, grandfather 1/6, consanguine brother 1/6, uterine brother excluded. (16)
  1. The son’s son and son’s daughter are residuaries.
  2. Example of aul or increase.
  3. Examples of aul or increase
  4. In these cases the daughter and son’s daughter get their Quranic shares while the sister takes as residuary.
  5. The mother gets 1/3 of ½ (that is after deducting the husband’s share).
  6. The brothers and sisters are residuaries.
  7. This is the case of himariyya or musharaka. The full brother and the uterine sisters share the 1/3 share. See Fitzgerald Muhammadan Law p.135 and Nawawi Supra, p.250.
  8. This is the case of Al-akdariya – see Tyabji Muhammadan Law (3rd Edn.) p.874 and Fitzgerald Muhammadan Law p.128 and Nawawi p.253 Supra, (p.22 supra)
  9. This is the case of al-Malikia – see Fitzgerald p.128.
If A Person Dies Leaving Division of Real and Personal Property
One son and no other relationsAll to son
One daughter½ to daughter and rest to State.
Daughters2/3 to daughters equally and rest to State
Sons and daughtersEqually between all sons and daughters, but so that the share of each son is double that of each daughter.
One son and son’s son or son’s daughtersAll to son.
One son and father (or mother)1/6 to father (or mother) rest to son.
One son, father and mother1/6 to each father and mother, rest to son.
One daughter and son’s son½ to daughter, rest to son’s son
One daughter, son’s son and son’s daughter½ to daughter, 2/6 to son’s son and 1/6 to son’s daughter
Daughters and son’s son2/3 to daughters equally, rest to son’s son
One daughter, one son’s daughter, and one full brother½ to daughter, 1/6 to son’s daughter, rest to full brother.
Daughters, one son’s daughter and one full brother2/3 to daughter and rest to full brother.
Daughters and son’s daughters2/3 to daughter and rest to Bait-ul-mal (son’s daughters excluded unless there is a lineal male descendant of the same or lower degree).
Daughter and father½ to daughter and ½ to father (1/6 as Quranic heir and 1/3 as agnatic heir).
Daughters and father2/3 to daughters equally and rest to father
Daughters, son’s daughters and father2/3 to daughter, rest to father. (17)
ne daughter, father and mother½ to daughter, 1/6 to mother, rest to father
One daughter, mother, four full brothers½ to daughter, 1/6 to mother, 1/12 to each brother.
One daughter and mother½ to daughter, ¼ to mother and rest to Bait-ul-mal.
Daughters and mother2/3 to daughters equally, 1/5 to mother and rest to Bait-ul-mal.
Daughters, father, mother and son’s son2/3 to daughters equally, 1/6 each to father and mother, nothing to son’s son there being no residue.
Daughters and four paternal uncles2/3 to daughters equally, 1/12 to each uncle
Daughter (son’s daughter) and full (consanguine) sister½ to daughter (son’s daughter) and ½ to full (consanguine) sister.
aughters (son’s daughters) and full (consanguine) sisters2/3 to daughters (son’s daughter), and 1/3 to full (consanguine) sister.
Daughters, four true grandmothers and six paternal uncles2/3 to daughters equally, 1/6 to grandmothers equally (i.e. 1/24 each) and 1/36 to each uncle.
Two daughters, one consanguine sister, one brother’s son2/3 to two daughters and 1/3 to sister. Brother’s son gets nothing
Two daughters, a son’s daughter and a son’s son2/3 to daughters, 1/9 to son’s daughter and 2/9 to son’s son. (18)
Two daughters, a son’s daughter and a son’s son’s son2/3 to daughters, 1/9 to son’s daughter and 2/9 to son’s son. (18)
wo daughters of a son, daughter of son’s son, son of son’s son’s son’2/3 to daughters equally, 1/9 to daughter of son’s son and 2/9 to son of son’s son’s son. (20)
Son’s daughter, daughter’s son and brother½ share to son’s daughter and ½ share to brother. Daughter’s son gets nothing.
Son’s sons and son’s daughters (of same degree)Equally between son’s son and son’s daughters but so that the share of each of the former is double of each of the latter. (19)
Son’s daughters and son’s son’s son2/3 to son’s daughters, rest to great-grandsons equally
Son’s daughter and son’s son’s daughter½ to son’s daughter and 1/6 to son’s son’s daughter and the rest to the Bait-ul-mal. (20)
  1. There is a doubt whether the son’s daughters (who are excluded as Quranic heirs) are nevertheless entitled to take as residuaries together with the agnatic ascendant or collateral. See Fitzgerald Muhammadan Law, p.124.
  2. In all these cases, as there are two daughters the son’s daughter cannot inherit as Quranic heir. She therefore takes as an agnatic heir and shares the residu with the lower son’s son.
  3. The son’s daughter is a residuary with an equal son’s son.
  4. As there is a “nearer” daughter, the share of the son’s son’s daughter is 1/6 that is the remainder of the 2/3 share of daughters.
If A Person Dies Leaving Division of Real and Personal Property
Father and no other relationsAll to father.
Father and mother2/3 to father, 1/3 to mother
Father, full brothers and sistersAll to father.
Father, mother, three son’s daughters1/6 to father, 1/6 to mother and 2/3 to three son’s daughters in equal Shares.
Father, mother, daughter, four son’s daughters1/6 to father, 1/6 to mother, ½ to the daughter and 1/6 to the son’s daughters in equal shares.
ather, mother, two son’s daughters and son’s son’s daughter1/6 to father, 1/6 to mother and 2/3 to son’s daughters in equal shares. The son’s son’s daughter is excluded by the two son’s daughters.
Father, mother, son’s daughter, son’s son’s daughter1/6 to father, 1/6 to mother, ½ to son’s daughter and 1/6 to son’s son’s daughter (the son’s daughter and son’s son’s daughter share the Quaranic share of two or more daughters).
Mother and no other relations1/3 to mother and rest to Bait-ul-mal.
Mother, and full brothers1/6 to mother, rest to brothers equally.
Mother, full brother and uterine brother1/3 to mother, 1/6 to uterine brother, rest to full brother.
Mother and full sisters1/6 to mother, 2/3 to sisters equally and rest to Bait-ul-mal.
Mother, full sister, and consanguine brother and sister1/6 to mother, ½ to full sister, rest to consanguine brother and sister but so that the former receives double the share of the latter.
Mother, full sisters, consanguine brother and sister1/6 to mother, 2/3 to full sisters equally, rest as in preceding case.
Mother, two full sisters, a consanguine sister and a uterine sister (or brother)1/6 to mother, 2/3 to equally among the sisters, and 1/6 to the uterine sister or brother (the consanguine sister is excluded by two full sisters).
Mother, consanguine sisters and uterine sister1/6 to mother, 2/3 to consanguine sisters equally, 1/6 to uterine sister.
Mother and paternal uncles1/3 to mother, 2/.3 to paternal uncles equally.
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