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What is a Will?
What are the choices of distribution in a Wasiyyah? PDF Print E-mail
  • Distribute 1/3 to non-waris and the balance 2/3 to the Waris as stated in Sijil Faraid to:

    • Non-Muslim family members or friends

    • Family members or relatives who are not immediately inheriting under Faraid or Muslim Law

    • Public welfare, organizations, charity purposes and any Muslim friend

    • Donation to Mosque or school      

  • All estate to the Waris

  • All estate to anyone you choose with the consent of all the Waris

All beneficiaries’ must agreed to a corresponding reduction in their shares for this distribution.

 

 
What if a Muslim Dies Without a Will? PDF Print E-mail

Priority will be given to the provision for funeral expenses and religious ceremonies.   Then provision shall be made to the creditors/outstanding debts. Balance of the Estate will go to the beneficiaries according to Syariah Law.

Where there are no Waris the whole estate will automatically goes to the Baitulmal or a Public Fund maintained by the Syariah.

 

Muslim Died Without a Valid Will

Apply to Syariah Court for Sijil Faraid

All the Quranic Heirs must consent to choose the same Administrator

Administrator to

Value the Estate

Administrator to find 2 Sureties (guarantor)

(To guarantee the Estate Value, if a Muslim died leaving RM1 million of Estate, the Administrator must find 2 Sureties who are willing to guarantee the same amount)  

 

Administrator to apply for

Letters of Administration in High Court and obtained

 

Letters of Administration generally 1 year and above

 

 

Administrator distributes assets according to Syariah Law

 
What is Customary Law? PDF Print E-mail

Customary Law is an ancient or native unwritten law for a particular local place. It is a set of laws that not enacted by legislative authority in a country. In Malay local term we call it as Adat. In Malaysia, we have to 2 major groups of Adat which we known as Adat Temenggong and Adat Pepatih

Adat Pepatih is practiced in Negeri Sembilan. It was democrtatic matrimonial Adat brought from Minangkabau, Sumatera in Indonesia.

 

What are the Adat Perpatih’s inheritance principles?

Ancestral Properties (e.g. land, orchard, paddy field) are vested in the female members. Female members hold the property in trust for the family. Will cannot dispose off the Adat properties and female members tribe can only inherited in equal shares. Men in Adat Perpatih do not have the right to the Ancestral Properties. A man is a member from his mother’s tribe until he gets married. Upon married, he is accepted into his wife’s tribe.

Adat Pepatih is in conflict with Islamic rules in the sphere of land inheritance. Land is entailed to the women of the tribe who form the permanent members of the customary society. All females must be identified with a piece of customary land.

The female heirs inherit equally their mother's property irrespective of whether or not they predeceased their mother. Their respective daughters in turn inherit the share of predeceased daughters. In other words, the granddaughters of a deceased female inherit through their deceased mother's right of inheritance.

Men are compensated through the system of the tribal exogamous marriage (marriage outside a tribe). When a man marries into a female tribe, his wife already owns a piece of land (e.g. paddy-field) as her share of the customary holding. The unmarried males have the right of life occupancy over the property of their mothers.

 

What are the Adat Temenggong’s inheritance principles?

Adat Temenggong is favourable to men compared with Adat Pepatih. The Adat Temenggong has been Islamised and has adopted a more patrilineal character (in favor of men in the distribution of inheritance).

Adat Temenggong basicly holds the same rules on distribution of inheritance as Quran, which explains why Adat Temenggong is more acceptable in Malay society.

Under Adat Temenggong inheritance, a daughter is entitled to 1/2 of the entitlement of a son. If there is no son, the daughter is entitled to half of the estate.

If there are 2 daughters and no son, the daughters will be entitled to 2/3 of the estate in equal share.

If there are no children in the marriage, the wife(s) of the deceased will be entitled to 1/4 of the deceased estate. Wife(s) will be entitled to only 1/8 of the estate if there are children.

If the wife dies, the husband is entitled to 1/2 of the wife's estate if there are no children and to 1/4 of the estate if there are children.

If the deceased has children and parents, the parents will be entitled to 1/6 each of the estate.

 
What is Estate and Estate Planning? PDF Print E-mail

Estate is all of a person's 's entire property upon demised. Estate includes immovable properties, movable properties, debts or obligations and claims against others.

Estate Planning is a legal arrangement of you for yourself regarding the distribution and management of your estate upon demised. All your assets under the law will be frozen upon demised. Thus, Estate Planning is a tool for you to unlock the frozen assets of your estate upon your demise in the shortest possible of time.

Getting a Will written is the most effective and easiest way to deal with your assets. By having a Will, the problems of transferring the estate will be minimized and cost effective.

 
Why Should You do Estate Planning? PDF Print E-mail

Estate Planning will enable you to deliver your last intention in the most optimize way.

Estate Planning is done for a purpose to meet your objectives and goals. It is your pre plan for your disability to distribute your property upon demised.

By utilizing Estate Planning, you can choose what to give, whom you give, how to give and when to give upon demised.

Estate Planning is as well being used to leave explicit instruction for your family members and create protective trusts for your children/parents/schools or any charitable organization.

 
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