FatwaPenangInheritance, Wills & Gifts
PERMASALAHAN PUSAKA
Can a child claim an inheritance share if the father distributed his property as a gift (hibah) during his lifetime, and can money be endowed as waqf?
Short answer
A child has no right to claim a share when the father, while alive, has distributed his property as a gift or hibah.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Penang State Mufti Department
- Date
- Status
- Fatwa committee decision
- Series
- Keputusan Fatwa Negeri Pulau Pinang (e-Fatwa)
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A child has no right to claim a share when the father, while alive, has distributed his property as a gift or hibah. Money cannot be endowed as waqf directly. Durable property must first be purchased before it is endowed.
Written in our own words from the original fatwa — check the source before acting on it.
Tidak ada hak bagi anak itu menuntut bahagiannya, apabila ayahnya semasa hidup telah membahagikan hartanya secara hadiah atau hibah (هبة)
Read the full fatwa on the Penang website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Penang State Mufti Department. “PERMASALAHAN PUSAKA”, 15 May 1975. http://efatwa.penang.gov.my/fatwa_details.php?fatwaid=850. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/child-claim-share-after-fathers-hibah/