FatwaSarawakInheritance, Wills & Gifts
HUKUM PELAKSANAAN WASIAT WAJIBAH
Who is entitled to an obligatory bequest (wasiat wajibah) and how is it carried out?
Short answer
The Sarawak Fatwa Board ruled that grandchildren of either gender, and their descendants, are entitled to an obligatory bequest if their parent died before the grandparent or at the same time, provided they are not already heirs by fixed share (fardhu) or as residuary heirs…
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
The Sarawak Fatwa Board ruled that grandchildren of either gender, and their descendants, are entitled to an obligatory bequest if their parent died before the grandparent or at the same time, provided they are not already heirs by fixed share (fardhu) or as residuary heirs (ta'sib). The entitlement lapses where there is a difference of religion or involvement in killing as stated in the fatwa, or where the grandparent already gave the due amount through gift, endowment, bequest or similar means, while any shortfall must be made up. The share equals the deceased parent's inheritance portion, capped at one third of the estate unless the other heirs consent. It is distributed after funeral matters, voluntary bequests and debts are settled, following the faraid principle that a male receives twice a female's share.
Written in our own words from the original fatwa — check the source before acting on it.
Anak lelaki dan perempuan daripada anak lelaki dan anak perempuan (cucu) ke bawah adalah layak untuk menerima wasiat wajibah.
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 PELAKSANAAN WASIAT WAJIBAH”, date not stated. https://muftinegeri.sarawak.gov.my/web/subpage/fatwa_list/#hukum-pelaksanaan-wasiat-wajibah. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/obligatory-bequest-wasiat-wajibah-for-grandchildren/