FatwaMelakaInheritance, Wills & Gifts
Wasiat Wajibah
Is an obligatory bequest (wasiat wajibah) for grandchildren permissible, and what are its conditions in Malacca?
Short answer
The Malacca fatwa states that carrying out wasiat wajibah is permissible subject to certain conditions.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Melaka State Mufti Department
- Date
- Status
- Gazetted
- Series
- Warta Fatwa Negeri Melaka
- Topic
- Inheritance, Wills & Gifts
Gazette evidence in the source: M. P.U. 6
Summary
The Malacca fatwa states that carrying out wasiat wajibah is permissible subject to certain conditions. A grandchild qualifies if their parent died before, or at the same time as, the grandparent, and the grandchild is not an heir by fixed share or residuary share. A grandchild is not entitled if of a different religion from the parent or involved in the parent's killing. The share follows the late parent's faraid portion, capped at one third of the estate unless the other heirs agree, and is paid after funeral matters, voluntary bequests and debts.
Written in our own words from the original fatwa — check the source before acting on it.
Melaksanakan wasiat wajibah adalah harus mengikut syarat-syarat seperti berikut:
Read the full fatwa on the Melaka website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Melaka State Mufti Department. “Wasiat Wajibah”, 23 February 2023. https://www.muftimelaka.gov.my/fatwa/wasiat-wajibah. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/wasiat-wajibah-grandchildren-conditions-malacca/