FatwaNegeri SembilanInheritance, Wills & Gifts
Wasiat
Is a deceased person's estate lawful for his siblings to consume if he never made a gift during his lifetime but said his wealth should be used to increase his own acts of worship?
Short answer
Before an estate is divided under faraid, the heirs must settle funeral expenses, the deceased's debts and any bequests in that order.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Negeri Sembilan Mufti Department
- Status
- Opinion (irsyad)
- Series
- Soal Jawab Agama
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
Before an estate is divided under faraid, the heirs must settle funeral expenses, the deceased's debts and any bequests in that order. The deceased's instruction that his wealth be used for his acts of worship counts as a bequest and must be carried out, provided it does not exceed one third of the estate. A bequest above one third requires the heirs' consent for the excess. Once these matters are settled and the remainder is distributed by faraid, the estate is lawful for the siblings to consume.
Written in our own words from the original fatwa — check the source before acting on it.
Berbalik kepada persoalan yang diajukan dapat disimpulkan bahawa pesanan arwah pakcik supaya hartanya digunakan untuk menambah amal ibadat termasuk di dalam wasiat dan wajib ditunaikan dan harta yang digunakan tidak melebihi 1/3 daripada hartanya.
Read the full fatwa on the Negeri Sembilan website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Negeri Sembilan Mufti Department. “Wasiat”, date not stated. https://muftins.gov.my/soaljawab/wasiat/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/deceased-estate-bequest-lawful-for-siblings/