Islamic Faraid vs Civil Law inheritance β plus Wasiat & Hibah explained.
Compare Islamic Faraid vs Civil Law distribution
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A Muslim's written will specifying up to 1/3 of estate to non-heirs. The remaining 2/3 must follow Faraid. Register with Amanah Raya Berhad (ARB) from RM150. Strongly recommended for all Muslims.
A gift given during your lifetime to specific individuals. Immediately transfers ownership β bypasses Faraid entirely. Popular for property transfers to children. Must be accepted by recipient.
Assets held by a trustee for named beneficiaries. Avoids estate freeze during administration. Useful for minors, disabled dependants. Regulated under Trust Companies Act. Costs from RM3,000+ to set up.
Estates can be frozen for years. Bank accounts locked. Family must apply to Amanah Raya or court for letters of administration β costly and slow. Always have a will or Wasiat.
| Heir | Share (if only heir) | Share (with others) | Notes |
|---|---|---|---|
| Husband | 1/2 | 1/4 | 1/4 if wife has children |
| Wife | 1/4 | 1/8 | 1/8 if husband has children |
| Son | Residuary | Double of daughter | Asabah (male residuary) |
| Daughter | 1/2 | 2/3 (if 2+) | With son: gets half of son's share |
| Father | Residuary | 1/6 | 1/6 fixed if deceased has children |
| Mother | 1/3 | 1/6 | 1/6 if deceased has children |
Faraid is complex β multiple heirs interact. Consult a Syariah court or Jabatan Agama Islam for accurate distribution.