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FatwaFederal TerritoriesInheritance, Wills & Gifts

Irsyad Fatwa Ke-23: Penerima 2/3 Harta Pusaka Serta Syarat-Syaratnya

Who is entitled to two-thirds of the inheritance and what are the conditions?

Short answer

Four groups of heirs qualify for two-thirds of the estate: two or more daughters, two or more son's daughters, two or more full sisters, and two or more paternal half-sisters.

Federal TerritoriesOpinion (irsyad)

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
Irsyad al-Hukum (Umum)
Topic
Inheritance, Wills & Gifts

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

Four groups of heirs qualify for two-thirds of the estate: two or more daughters, two or more son's daughters, two or more full sisters, and two or more paternal half-sisters. Daughters receive it when no son of the deceased is present with them. Son's daughters need two conditions: no male co-heir (asabah) alongside them and the deceased has no children. Full sisters need three conditions, while paternal half-sisters need four, including the absence of full siblings of the deceased.

Written in our own words from the original fatwa — check the source before acting on it.

Terdapat empat bahagian pewaris yang layak untuk menerima dua pertiga (2/3) pusaka dan masing-masing tertakluk kepada syarat-syarat tersendiri:

Excerpt from the original fatwa · Federal Territories

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. “Irsyad Fatwa Ke-23: Penerima 2/3 Harta Pusaka Serta Syarat-Syaratnya”, 25 February 2015. https://muftiwp.gov.my/ms/artikel/irsyad-hukum/umum/2062-23. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/who-receives-two-thirds-inheritance-conditions/

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Evidence cited

Quran verses

  • An-Nisa' 4:11
  • An-Nisa' 4:176

Hadith

  • Tirmizi 2093
  • Tirmizi 2098

Books

  • al-Umm (al-Syafi'i)