FatwaSarawakInheritance, Wills & Gifts
HUKUM PEWARISAN BAGI KES KEMATIAN SERENTAK
What is the ruling on inheritance when family members die simultaneously and it cannot be determined who died first?
Short answer
Family members who die at the same time, where the order of death cannot be established, do not inherit from one another because an heir must be alive when the deceased dies.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Sarawak State Mufti Department
- Status
- Fatwa committee decision
- Series
- Info Fatwa
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
Family members who die at the same time, where the order of death cannot be established, do not inherit from one another because an heir must be alive when the deceased dies. The estate is divided among the surviving heirs without counting any share for the relatives who died together with the deceased. The time of death is recorded based on a medical expert's certification and entered in the Death Certificate.
Written in our own words from the original fatwa — check the source before acting on it.
Oleh itu, harta pusaka si mati akan dibahagikan kepada waris-waris yang hidup tanpa mengambilkira bahagian ahli keluarga yang mati bersamanya.
Read the full fatwa on the Sarawak website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Sarawak State Mufti Department. “HUKUM PEWARISAN BAGI KES KEMATIAN SERENTAK”, date not stated. https://muftinegeri.sarawak.gov.my/web/subpage/fatwa_list/#hukum-pewarisan-bagi-kes-kematian-serentak. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/inheritance-ruling-simultaneous-death-family-members/