FatwaFederal TerritoriesInheritance, Wills & Gifts
AL-KAFI #729 : ADAKAH ANAK YANG LAHIR SELEPAS KEMATIAN BAPA LAYAK MENERIMA PUSAKA?
Is a child born after the father's death entitled to inheritance?
Short answer
A child born after the father's death is entitled to a faraid share if the child is definitely alive after the deceased's death and is born within the longest pregnancy period, which is four years from the husband's death.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A child born after the father's death is entitled to a faraid share if the child is definitely alive after the deceased's death and is born within the longest pregnancy period, which is four years from the husband's death. The unborn child's share is set aside early as a precaution and takes effect only if the child is born alive. Crying at birth is not the only sign of life, as other signs of life are also sufficient. In this case, the asker was born on the 100th day after the father's death and is therefore entitled to inherit.
Written in our own words from the original fatwa — check the source before acting on it.
Kami berpendapat bahawa tuan berhak mendapatkan bahagian faraid peninggalan arwah ayah.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #729 : ADAKAH ANAK YANG LAHIR SELEPAS KEMATIAN BAPA LAYAK MENERIMA PUSAKA?”, 16 April 2018. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/2373-al-kafi-729-adakah-anak-yang-lahir-selepas-kematian-bapa-layak-menerima-pusaka. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/child-born-after-fathers-death-inheritance/