FatwaFederal TerritoriesInheritance, Wills & Gifts
AL-KAFI #1507: HUKUM SYARIKAT PUSAKA
Are all companies, including branches and new subsidiaries set up after the father's death, treated as inheritance to be divided under faraid?
Short answer
The original companies left by the deceased, together with their growth and any new companies arising from the same inherited capital, count as inheritance.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The original companies left by the deceased, together with their growth and any new companies arising from the same inherited capital, count as inheritance. All of it is divided among the entitled heirs under faraid, following the Shafi'i principle that the estate and its increase belong to the heirs. An heir who managed the business and contributed his own capital may have that capital set aside first, and if he requests wages, fair payment for his effort is permitted. Disputes are best referred to the court.
Written in our own words from the original fatwa — check the source before acting on it.
Kesimpulannya, harta peninggalan bersama-sama setiap benda yang terhasil atau berkembang biak berpunca darinya, adalah dikira sebagai harta pusaka, maka ia perlulah dibahagikan mengikut hukum faraid kepada para warisnya yang berhak.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #1507: HUKUM SYARIKAT PUSAKA”, 8 January 2020. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/3949-al-kafi-1507-hukum-syarikat-pusaka. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-inherited-company-and-new-subsidiaries/