LECTURE:

INHERITANCE
FAMILY LAW I (LAW605)

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 1. Introduction
► In surah al Nisa 4: 11-12, Allah s.w.t. revealed:

► “Allah instructs you concerning your children: for the male, what is
equal to the share of two females. But if there are [only] daughters,
two or more, for them is two thirds of one's estate. And if there is only
one, for her is half. And for one's parents, to each one of them is a
sixth of his estate if he left children. But if he had no children and the
parents [alone] inherit from him, then for his mother is one third. And
if he had brothers [or sisters], for his mother is a sixth, after any
bequest he [may have] made or debt. Your parents or your children -
you know not which of them are nearest to you in benefit. [These
shares are] an obligation [imposed] by Allah . Indeed, Allah is ever
Knowing and Wise.”

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► In surah al Nisa 4: 11-12 (cont’d)

► “And for you is half of what your wives leave if they have
no child. But if they have a child, for you is one fourth of
what they leave, after any bequest they [may have]
made or debt. And for the wives is one fourth if you leave
no child. But if you leave a child, then for them is an
eighth of what you leave, after any bequest you [may
have] made or debt. And if a man or woman leaves
neither ascendants nor descendants but has a brother or
a sister, then for each one of them is a sixth. But if they
are more than two, they share a third, after any bequest
which was made or debt, as long as there is no detriment
[caused]. [This is] an ordinance from Allah, and Allah is
Knowing and Forbearing.”

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 Cont…
► In Malaysia, although it is the Islamic law which is
applicable to the distribution of the estate of a deceased
Muslim, the cases are dealt with in civil courts.

► Administration of estate is in the Federal list (in the

Federal Constitution).

► Syariah Court is given jurisdiction relating to:

► The division of or claims to, harta sepencarian;
► Wills or death-bed gifts (marad-al-maut) of a deceased
Muslim;
► Wakaf or nazr;
► Gift inter vivos or settlements made without adequate
consideration in money or money’s worth by a Muslim; and
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► The division and inheritance of testate and intestate
property.
 Distribution of Islamic Estate
► Before a Muslim’s estate is being distributed according to faraid
rules, the following needed to be deducted:
► Payment of funeral expenses;
► Payment of testamentary expenses;
► Settlement of deceased debts, including satisfaction of all unpaid zakat,
performance of Hajj & payment for Fidyah (redemption of unobserved
compulsory fasting days)
► Settlement of any claim of Harta Sepencarian; and
► Distribution of will (not exceed 1/3 of total estate)

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Faraidh Heirs Are Divided into 2
groups
► 1. QURANIC HEIRS (ASHABUL FURUD)
► primary heirs whose shares are fixed
by the Quran

► 2. RESIDUAL BENEFICIARIES /
AGNATIC HEIRS (ASABAH)
► Those who will receive any residue
after distribution to Quranic heirs.

► NOTE that if none of the above exists,

the balance will go to Baitulmal.
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FARAID HEIRS
►HUSBAND
► One-half (1/2): If deceased leaves no son or daughter
how-low-soever.
► One-quarter (1/4): if deceased leaves a son or daughter
how-low-soever.

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WIFE

► One-quarter (1/4): If deceased leaves no son or

daughter.
► One-eight (1/8): if deceased leaves a son or daughter
how-low-soever.

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FATHER

► Asabah: If deceased leaves no son how-low-soever

► One-sixth (1/6) + Asabah : If deceased leaves a
daughter or a daughter of a son (granddaughter).
► One-sixth (1/6): if deceased leaves a son how-low-
soever.

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MOTHER

► One-sixth (1/6): If deceased leaves a son or daughter

how-low-soever or two or more male or female relative
of the same father or mother.
► One-third (1/3): if deceased leaves no son or daughter
how-low-soever.
► One-third (1/3) from the remainder: if deceased leaves
a father and husband or wife.

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GRANDFATHER

► One-sixth (1/6): If deceased leaves a son how-low-

soever.
► One-sixth (1/6) + Asabah: if deceased leaves a daughter
how-low-soever.
► Asabah: if deceased leaves no son or daughter how-low-
soever.
► Excluded: if deceased leaves a father.

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GRANDMOTHER

► One-sixth (1/6): If deceased leaves no mother.

► Excluded: if deceased leaves a mother.

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SON

► Asabah, Ratio 2:1 (2 portion is for son): if there is son

and daughter.
► Asabah: if there is son only.

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DAUGHTER

► One-half (1/2): If she is the only one and there is no

son.
► Two-third (2/3): if there is more than one and there is
no son.
► Asabah: if there is a son.

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 Deceased

With children No children

Son only
Son &
Husband (1/4) daughter More than 1 sibling
Wife (1/8) Husband (1/4) Husband (1/2)
Daughter only
Father (1/6) Wife (1/8) Wife (1/4)
1 daughter (1/2) No sibling or 1
Mother (1/6) Father (1/6} sibling Mother (1/6)
2 or more daughters
Son (Residue) Mother (1/6) (2/3) Husband (1/2) Father (Residue)
Son & Husband (1/4) Wife (1/4)
daughter Wife (1/8) Mother (1/3)
(Residue: ratio
2:1 with 2 Mother (1/6) Father (Residue)
portion is for Father (1/6) plus
son) residue

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► THE END. THANK YOU
► Any questions?

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