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.
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.
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/