FatwaJohorInheritance, Wills & Gifts
FATWA MENGENAI URUSAN PENTADBIRAN HARTA PUSAKA NORA BINTI MARYAN (SI MATI)
Can a small inheritance share belonging to an heir under 18 be entrusted to the father, and how is eligibility to make decisions over the property determined?
Short answer
Under Islamic law, eligibility to make decisions over property depends on having reached puberty, so it must be confirmed whether each heir under 18 has attained it.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Johor State Mufti Department
- Date
- Status
- Fatwa committee decision
- Series
- Fatwa Negeri Johor
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
Under Islamic law, eligibility to make decisions over property depends on having reached puberty, so it must be confirmed whether each heir under 18 has attained it. An heir who has not reached puberty remains subject to the rules of faraid. Because the heir's share of RM416.66 is too small in economic value to be administered by Amanah Raya as trustee, the fatwa permits the money to be entrusted to the father, to be handed to the child once puberty is reached.
Written in our own words from the original fatwa — check the source before acting on it.
Jika salah seorang belum baligh, maka ia masih tertakluk kepada hukum faraid.
Read the full fatwa on the Johor website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Johor State Mufti Department. “FATWA MENGENAI URUSAN PENTADBIRAN HARTA PUSAKA NORA BINTI MARYAN (SI MATI)”, 15 June 2017. https://said.johor.gov.my/perkhidmatan/paparan_detail_fatwa.php?id=461. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/minor-heir-small-inheritance-entrusted-to-father/