Rujuk FatwaMalaysian fatwa reference
BM

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.

PenangFatwa committee decision

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)

Excerpt from the original fatwa · Penang

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/