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FatwaNegeri SembilanInheritance, Wills & Gifts

Wasiat/hibah/faraid

What is the difference between wasiat, hibah and faraid, and must a hibah of a house and a bequest of movable assets to one's wife and daughter follow faraid?

Short answer

A wasiat (bequest) is a declaration made in one's lifetime to take effect after death, used for non-heirs and limited to one third of the estate.

Negeri SembilanOpinion (irsyad)

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

A wasiat (bequest) is a declaration made in one's lifetime to take effect after death, used for non-heirs and limited to one third of the estate. Faraid is the fixed distribution reserved for heirs, while hibah is a voluntary gift made during life without consideration. Gifting a house to a daughter by hibah is permissible and valid if ownership is transferred while the giver is alive and healthy. Using devices to avoid faraid, such as gifting the entire estate to certain heirs, is disliked in Islam, and a bequest to an heir is not allowed without the consent of the other heirs.

Written in our own words from the original fatwa — check the source before acting on it.

Harus bagi tuan menghibahkan rumah tersebut kepada anak perempuan dan hibah itu sah jika pemilikan dilakukan semasa tuan masih hidup dan dalam keadaan sihat.

Excerpt from the original fatwa · Negeri Sembilan

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/hibah/faraid”, date not stated. https://muftins.gov.my/soaljawab/wasiat-hibah-faraid/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/difference-between-wasiat-hibah-and-faraid/

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