08/04/2023
In Malaysia, the distribution of assets according to ๐๐ฎ๐ฟ๐ฎ๐ถ๐ฑ ๐น๐ฎ๐, which is the Islamic law of inheritance, is governed by the ๐๐ถ๐๐๐ฟ๐ถ๐ฏ๐๐๐ถ๐ผ๐ป ๐๐ฐ๐ ๐ญ๐ต๐ฑ๐ด (๐๐ฐ๐ ๐ฏ๐ฑ๐ญ) and the ๐๐๐น๐ฎ๐บ๐ถ๐ฐ ๐๐ฎ๐บ๐ถ๐น๐ ๐๐ฎ๐ (๐๐ฒ๐ฑ๐ฒ๐ฟ๐ฎ๐น ๐ง๐ฒ๐ฟ๐ฟ๐ถ๐๐ผ๐ฟ๐ถ๐ฒ๐) ๐๐ฐ๐ ๐ญ๐ต๐ด๐ฐ (๐๐ฐ๐ ๐ฏ๐ฌ๐ฏ), for Muslims residing in the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya.
๐๐๐ง๐ ๐๐ง๐ ๐จ๐ค๐ข๐ ๐ ๐๐ฎ ๐ฅ๐ค๐๐ฃ๐ฉ๐จ ๐ค๐ฃ ๐๐ค๐ฌ ๐๐จ๐จ๐๐ฉ๐จ ๐๐ง๐ ๐๐๐จ๐ฉ๐ง๐๐๐ช๐ฉ๐๐ ๐๐๐จ๐๐ ๐ค๐ฃ ๐๐๐ง๐๐๐ ๐ก๐๐ฌ ๐๐ฃ ๐๐๐ก๐๐ฎ๐จ๐๐:
๐ถ๏ธ Faraid applies only to assets that are considered part of the estate of the deceased, such as property, cash, investments, and other tangible and intangible assets. It does not apply to assets that are not considered part of the estate, such as joint assets with right of survivorship, assets held in trust, or assets with designated beneficiaries.
๐ถ๏ธ Faraid law divides the estate of the deceased into fixed shares, known as "Faraid portions." The Faraid portions are predetermined shares that are allocated to specific heirs based on their relationship with the deceased.
๐ถ๏ธ The heirs in Faraid law are categorized into different classes, namely:
๐๐น๐ฎ๐๐ ๐ญ: Parents, spouse(s), and children of the deceased.
๐๐น๐ฎ๐๐ ๐ฎ: Grandparents and siblings of the deceased.
๐๐น๐ฎ๐๐ ๐ฏ: Uncles and aunts of the deceased.
๐๐น๐ฎ๐๐ ๐ฐ: Cousins of the deceased.
๐ถ๏ธ The distribution of assets under Faraid law starts with the heirs in Class 1. If there are no heirs in Class 1, then the assets are distributed to heirs in Class 2, and so on, in accordance with the predetermined Faraid portions.
๐๐๐ ๐ฅ๐ง๐๐๐๐ฉ๐๐ง๐ข๐๐ฃ๐๐ ๐๐๐ง๐๐๐ ๐ฅ๐ค๐ง๐ฉ๐๐ค๐ฃ๐จ ๐๐ค๐ง ๐๐๐๐ ๐๐ก๐๐จ๐จ ๐ค๐ ๐๐๐๐ง๐จ ๐๐ง๐ ๐๐จ ๐๐ค๐ก๐ก๐ค๐ฌ๐จ:
๐
ฐ. ๐๐น๐ฎ๐๐ ๐ญ ๐
ท๐
ด๐
ธ๐๐:
๐ซ Spouse(s): 1/2 (for one spouse) or 1/4 each (for more than one spouse) of the estate.
๐ซ Children: 2/3 of the estate distributed among them equally.
๐
ฑ. ๐๐น๐ฎ๐๐ ๐ฎ ๐
ท๐
ด๐
ธ๐๐:
๐ซ Parents: 1/6 each (if both are alive) or 1/3 each (if only one is alive) of the estate.
๐ซ Grandparents: 1/6 each (if both are alive) or 1/3 each (if only one is alive) of the estate.
๐ซ Siblings: Equal share if they are all alive, otherwise the surviving siblings inherit the share of the deceased siblings.
๐
ฒ. ๐๐น๐ฎ๐๐ ๐ฏ ๐
ท๐
ด๐
ธ๐๐:
๐ซ Uncles and aunts: If there are no heirs in Class 1 or Class 2, they will inherit the remaining estate in equal shares.
๐
ณ. ๐๐น๐ฎ๐๐ ๐ฐ ๐
ท๐
ด๐
ธ๐๐:
๐ซ Cousins: If there are no heirs in Class 1, Class 2, or Class 3, they will inherit the remaining estate in equal shares.
In cases where a deceased person does not have any heirs as per the classes mentioned above, the estate may be transferred to the Baitulmal (Islamic treasury) or charitable organizations, as per Islamic principles.
It's important to note that Faraid law in Malaysia is mandatory for Muslims and is enforced by the Syariah Courts. However, Muslims have the option to write a will (Wasiat) to distribute their assets differently from the Faraid law, subject to certain limitations and conditions under Islamic law. It's advisable to seek legal advice from a qualified Islamic estate planner or lawyer to ensure proper compliance with Faraid law and to understand the specific circumstances of each case, as the rules of Faraid