FatwaSarawakInheritance, Wills & Gifts
Harta pusaka ibu
Is it permissible to pawn a late mother's jewellery, use her money to settle other debts, and must children fulfil her requests made before death?
Short answer
A late mother's jewellery forms part of her estate, which must first cover funeral costs, debts, jointly acquired property, a bequest not exceeding one third, and gifts, with the remainder divided by faraid.
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
- Date
- Status
- Opinion (irsyad)
- Series
- Irsyad (Koleksi Kemusykilan Agama)
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A late mother's jewellery forms part of her estate, which must first cover funeral costs, debts, jointly acquired property, a bequest not exceeding one third, and gifts, with the remainder divided by faraid. Once distributed, the property belongs to the entitled heir, who may use it as desired, including pawning it or paying debts. A mother's request before death is treated as a bequest, which must be fulfilled if it meets the valid conditions of a bequest and need not be fulfilled if it does not.
Written in our own words from the original fatwa — check the source before acting on it.
Barang kemas peninggalan arwah ibu termasuk dalam harta pusaka.
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. “Harta pusaka ibu”, 21 August 2023. https://muftinegeri.sarawak.gov.my/web/subpage/irsyad_list/#2023-08-21-harta-pusaka-ibu. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/pawning-late-mothers-jewellery-estate-ruling/