LET'S TALK ABOUT

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.

LET'S TALK ABOUT

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 mother	3/27 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 sister	3/15 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, sister	3/13 to wife, 4/13 to mother and 6/13 to sister. (7)
Wife, mother, 2 sisters	3/13 share to wife, 2/13 share to mother and 8/13 shares to sisters equally. (7)
Wife, four full brothers and two full sisters	¼ to wife, 6/40 to each brother and 3/40 to each sister. (6)
Wife and no relations	¼ to wife, ¾ to the Bait-ul-mal(1)
Wife, father and mother	¼ to wife, ½ to father and ¼ to mother (5)
Wife, mother and true grandmother	¼ to wife, 1/3 to mother and the residue 5/12 to true grandmother.
Wife, four true grandmothers and two paternal uncles	¼ 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 daughters	1/8 to wife, 7/24 to each son and 7/48 to each daughter. (2)

Previous Next

Re Mutchilim [1960] M.L.J. 25.
The daughters in such case being residuaries with the son.
The son’s daughters being residuary with the son’s son.
An example of the doctrine of aul or increase.
The mother gets 1/3 of ¾ (that is after deducting the wife’s share). This follows a decision of the Caliph Umar.
The brothers and the sisters are residuaries.
An example of aul.

If A Person Dies Leaving	Division of Real and Personal Property
Husband and no relation	½ to husband and balance to Bait-ul-mal
Husband and son (sons)	¼ to husband, rest to son (sons equally).
Husband, son and daughter	¼ to husband, ½ to son, ¼ to daughter
Husband, two sons and two daughters	¼ to husband, ¼ to each son, 1/8 to each daughter.
Husband and one daughter	¼ to husband, ½ to daughter and rest to State.
Husband and daughters	¼ 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 son	¼ to husband, 2/3 to daughters equally, 1/12 to son’s son (h.l.s.)
Husband and father	½ to husband and ½ to father.
Husband, daughter, one son’s son and one son’s daughter	¼ to husband, ½ to daughter, 2/12 to son’s son and 1/12 to son’s daughter. (8)
Husband, daughter and three full brothers	¼ to husband, ½ to daughter, rest to brothers equally.

Previous Next

The son’s son and son’s daughter are residuaries.
Example of aul or increase.
Examples of aul or increase
In these cases the daughter and son’s daughter get their Quranic shares while the sister takes as residuary.
The mother gets 1/3 of ½ (that is after deducting the husband’s share).
The brothers and sisters are residuaries.
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.
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)
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 relations	All to son
One daughter	½ to daughter and rest to State.
Daughters	2/3 to daughters equally and rest to State
Sons and daughters	Equally 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 daughters	All to son.
One son and father (or mother)	1/6 to father (or mother) rest to son.
One son, father and mother	1/6 to each father and mother, rest to son.
One daughter and son’s son	½ to daughter, rest to son’s son
One daughter, son’s son and son’s daughter	½ to daughter, 2/6 to son’s son and 1/6 to son’s daughter
Daughters and son’s son	2/3 to daughters equally, rest to son’s son
One daughter, one son’s daughter, and one full brother	½ to daughter, 1/6 to son’s daughter, rest to full brother.

Previous Next

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.
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.
The son’s daughter is a residuary with an equal son’s son.
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 relations	All to father.
Father and mother	2/3 to father, 1/3 to mother
Father, full brothers and sisters	All to father.
Father, mother, three son’s daughters	1/6 to father, 1/6 to mother and 2/3 to three son’s daughters in equal Shares.
Father, mother, daughter, four son’s daughters	1/6 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 daughter	1/6 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 daughter	1/6 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 relations	1/3 to mother and rest to Bait-ul-mal.
Mother, and full brothers	1/6 to mother, rest to brothers equally.
Mother, full brother and uterine brother	1/3 to mother, 1/6 to uterine brother, rest to full brother.
Mother and full sisters	1/6 to mother, 2/3 to sisters equally and rest to Bait-ul-mal.

Previous Next

We help you to create a financial impact to your future

Need solution? Talk to us

Gallery

Contacts

What Is A Wasiat?

How About Hibah?

Faraid Law Information Table

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

Let’s Build A Powerful Legacy Today

UBBT AGENCY

CORE SOLUTIONS

OUR SERVICES

CAREER ASPIRATIONS

POLICIES

OUR OFFICES

Need solution? Talk to us

Gallery

Contacts

What Is A Wasiat?

How About Hibah?

Faraid Law Information Table

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

Let’s Build A Powerful Legacy Today

UBBT AGENCY

CORE SOLUTIONS

OUR SERVICES

CAREER ASPIRATIONS

POLICIES

OUR OFFICES

Contact Form