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FatwaFederal TerritoriesInheritance, Wills & Gifts

AL-KAFI #971: PEMBAHAGIAN HARTA DAN WANG TUNAI MENGIKUT HUKUM SYARAK

How should a late father-in-law's estate, consisting of cash from a house sale and land, be divided among his widow, two daughters and one son, and may 25% of the sale proceeds still be taken for a grandchild's education?

Short answer

The widow receives one eighth, and the remainder goes to the children as residuary heirs, with the son receiving twice the share of each daughter.

Federal TerritoriesOpinion (irsyad)

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

The widow receives one eighth, and the remainder goes to the children as residuary heirs, with the son receiving twice the share of each daughter. In the fatwa's calculation this is 4 parts for the widow, 7 for each daughter and 14 for the son out of 32. The deceased's bequest of 25% for the grandchild's education is permitted by the Shariah because a grandchild cannot inherit but may receive property through a bequest, and it is carried out before the estate is divided. The calculation does not account for matrimonial property, which must be settled first if the widow claims it.

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

Kedudukan anak lelaki akan mendapat dua bahagian sedangkan anak perempuan mendapat satu bahagian.

Excerpt from the original fatwa · Federal Territories

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 #971: PEMBAHAGIAN HARTA DAN WANG TUNAI MENGIKUT HUKUM SYARAK”, 21 December 2018. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/2900-al-kafi-971-pembahagian-harta-dan-wang-tunai-mengikut-hukum-syarak. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/division-of-estate-widow-children-bequest-grandchild/

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Evidence cited

Quran verses

  • An-Nisa' 4:11

Hadith

  • Bukhari 6351