FatwaNegeri SembilanInheritance, Wills & Gifts
Pewarisan Bagi Kes Kematian Serentak
How is inheritance handled when family members die simultaneously and it is unknown who died first?
Short answer
When family members die at the same time, or the order of death cannot be determined, they 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
- Negeri Sembilan Mufti Department
- Status
- Fatwa committee decision
- Series
- Fatwa Negeri Sembilan
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
When family members die at the same time, or the order of death cannot be determined, they do not inherit from one another, because an heir must be alive when the deceased dies. Each estate is divided only among the surviving heirs, without counting the shares of relatives who died together with the deceased. The fatwa adopts the majority view of jurists, and the time of death is recorded according to the medical expert's certification 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 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. “Pewarisan Bagi Kes Kematian Serentak”, date not stated. https://muftins.gov.my/fatwa/pewarisan-bagi-kes-kematian-serentak/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/inheritance-simultaneous-death-family-members/