Succession/Inheritance/Mirath/Faraidh

o Inheritance to be divided from the property of the deceased among his

successors. The syariah law gives rules which guide as to who inherits and who
is to be inherited, and what shares go to the heirs.

o The rules regulating inheritance in syariah are based on the principles that
property which belonged to the deceased should devolve on those who by
reason of marital relations have the strongest claim to be benefited by it.

o Chapter 4:11:

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.

o Chapter 4:12

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.

o Chapter 4:176

They request from you a [legal] ruling. Say, " Allah gives you a ruling
concerning one having neither descendants nor ascendants [as heirs]." If a man
dies, leaving no child but [only] a sister, she will have half of what he left. And
he inherits from her if she [dies and] has no child. But if there are two sisters
[or more], they will have two-thirds of what he left. If there are both brothers
and sisters, the male will have the share of two females. Allah makes clear to
you [His law], lest you go astray. And Allah is Knowing of all things.
o (3:180)
o (57:10)
o (21:89)
 o Give the Faraid (the share of inheritance that are prescribed in the Al Quran) to those
who are entitled to receive it. Then whatever remains, should be given to the closest
male relative of the deceased [Sahih Bukhari]
RIGHTS ASSOCIATED TO THE ESTATE
1.) Burial preparation and its expense
It only covers important rituals. It is considered as a token of appreciation to the
individuals who helped in the burial must not be covered from the deceaseds estate.
If the heirs is willing to bear the cost for the burial, then the expenses will not be taken
from the deceaseds estate.
2.) Settlement of the deceaseds debt
Hadith of PM: I witnessed the Prophet settled the payment of debt first before a
wassiyah(will)
The soul of a believer hangs on his debt until it is paid
The payment for the debt must be taken from the estate of the deceased unless any heirs
voluntarily pay it.
o Two kinds of debt:
a.) Debt owed to Allah (by zakat)
b.) Debt owed to Human Being ( Unpaid mahar-dowry)
3.) Disposition/ Execution of Wassiyah/Will Bequest
Will- Ambulatory declaration of intention by a person to make a disposition of his
property or other matters to another to take effect upon his death.
It also involves an offer from the testator to make a will and is completed with the
acceptance of the beneficiary. The acceptance will only take effect after the death of
the testator. The will can be in writing/ orally (recommended way= writing)

Chapter 5: 107: But if it is found that those two were guilty of perjury, let two others
stand in their place [who are] foremost [in claim] from those who have a lawful right.
And let them swear by Allah , "Our testimony is truer than their testimony, and we have
not transgressed. Indeed, we would then be of the wrongdoers."

Section 3 of Muslim Wills ( Selangor) Enactment 1999: Oral wills is valid if it is

witnessed by two competent witness

4.) Distribution of remaining estate amongst the heirs according to Shariah

The property will be distributed in accordance with the law of faraid to the heirs after
all the above rights have been settled.

5.) Settlement of any claim of Harta Sepencarian, Hibah, assets held in trust
Harta Sepencarian- House bought together during marriage
Hibah- Gift (It is only valid when the person is executed during the lifetime)
Assets held in trust- the person is not the owner, but only held in trust.

Pillars and condition of Inheritance

1.) The deceased ( Muwarith)
 The death must be certain and known. Burial permit must be issued. If the person
is missing and cannot be located. The distribution of the property cannot be made
yet until his death is ascertained (death certificate issued by the court) apply
through Section 80 of the Syariah Court Evidence (federal territories ) Act 1997. It
can only made after 4 years.
Any heir of the missing person who dies prior to the date of the decree is not entitled
as a legal heir. If any legal heir dies after the date of the decree of the death of the
missing person. If the missing person returns and all his estate has been distributed,
he can only recover property which has not yet been disposed of.

2.) The legal heir (warith)

The legal heir must be alive at the time the deceased person died.
a.) If a father and son die together in a situation, and there is no evidence to show
that one survivors the other. The rule is neither of them inherits each others
property However, if there is evidence to show that one survives the other, then
the survivor can inherit the property of the one who die first.
b.) Unborn child
In a case of an unborn baby, it is considered to be alive/ exist when the death
of the deceased. The existence of the baby can be determined through period
of conception.
Section 11 and Section 12 of Islamic Law act
The birth must be completed
c.) The Estate
Halal in the eyes of Shariah Law. The estate must belongs to the deceased at
the time of the death. It must be exist at the time of death.