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FatwaJohorInheritance, Wills & Gifts

MOHON FATWA BERHUBUNG DENGAN TUNTUTAN HARTA SEPENCARIAN

Can a wife claim harta sepencarian (jointly acquired property) from the estate of her deceased husband?

Short answer

The Johor Fatwa Committee decided that a former wife is entitled to claims such as iddah maintenance and mutaah during the husband's lifetime.

JohorFatwa committee decision

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Johor State Mufti Department
Date
Status
Fatwa committee decision
Series
Fatwa Negeri Johor
Topic
Inheritance, Wills & Gifts

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

Summary

The Johor Fatwa Committee decided that a former wife is entitled to claims such as iddah maintenance and mutaah during the husband's lifetime. Harta sepencarian has been legislated for certain parties only, and the claim must be reasonable. In the case of death, the wife has no right to claim the estate and is entitled only to inherit under faraid law. If the property claimed does not exist, there is no text granting a right to claim, so the Fatwa Committee issued no fatwa.

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

Dalan hal ini pihak isteri tidak berhak menuntut pesaka lebih-lebih lagi penceraian mati.

Excerpt from the original fatwa · Johor

Read the full fatwa on the Johor website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Johor State Mufti Department. “MOHON FATWA BERHUBUNG DENGAN TUNTUTAN HARTA SEPENCARIAN”, 25 August 1995. https://said.johor.gov.my/perkhidmatan/paparan_detail_fatwa.php?id=1531. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/wife-claim-harta-sepencarian-deceased-husband-estate/

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