Rujuk FatwaMalaysian fatwa reference
BM

FatwaFederal TerritoriesInheritance, Wills & Gifts

AL-KAFI #918 : SERAH SEMUA HARTA PUSAKA AYAH KEPADA IBU

Is it valid for heirs to hand over all of the father's estate to the mother, and how is the mother's estate divided among the children after her death?

Short answer

Takharuj, a settlement of the estate by mutual consent among the heirs, is permitted because a faraid share is a right that heirs may take or waive.

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

Takharuj, a settlement of the estate by mutual consent among the heirs, is permitted because a faraid share is a right that heirs may take or waive. Handing the whole estate of the deceased to his wife is therefore valid, and no layered inheritance arises when the mother later dies. Her estate goes to the children as residuary heirs, with each son receiving twice the share of a daughter, giving 8 parts for 2 sons and 4 daughters.

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

Para ulama mengharuskan takharuj dalam pembahagian harta pusaka.

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 #918 : SERAH SEMUA HARTA PUSAKA AYAH KEPADA IBU”, 23 November 2018. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/2802-al-kafi-918-serah-semua-harta-pusaka-ayah-kepada-ibu. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/hand-over-father-estate-to-mother-faraid/

Local graph

This fatwa and its nearest connections. The full lists are below.

See it on the full map

Evidence cited

Quran verses

  • An-Nisa' 4:11

Hadith

  • Bukhari 6351