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🌍 Children, inheritance & global · #157

What is the difference between faraid, hibah and wasiat, and when is each one suitable?

A gift (hibah) is given during your lifetime, a will (wasiat) takes effect after death, and faraid divides the remaining property among the heirs according to Islamic law. Hibah suits a situation where you want someone to own something now, for example a house for your wife. It must be fully handed over while you are alive. A will is for non-heirs, such as an adopted child, a son- or daughter-in-law or a mosque, and is limited to one third of the estate. Faraid is the basis for all remaining property, and it cannot be avoided with tricks. Combining all three, if planned fairly and openly, can bring a family peace of mind. List your assets first, then talk to an accredited Islamic estate planner. See managing an estate.
← PreviousI am a convert (mualaf). Can I give property to my non-Muslim parents through a gift (hibah) or a will (wasiat)?Next →My father once said the house was given to me as a gift (hibah), but he did not get to change the name on it. Is the hibah valid?

Related questions

I am a convert (mualaf). Can I give property to my non-Muslim parents through a gift (hibah) or a will (wasiat)?Yes; although a difference of religion bars inheritance, a gift (hibah) or will (wasiat) to non-Muslim parents is sti…Who is suitable to be the executor (wasi) of my will, especially in a large family?Choose someone trustworthy, capable at managing affairs and able to be fair to all the heirs. The executor, or wasi, …My father once said the house was given to me as a gift (hibah), but he did not get to change the name on it. Is the hibah valid?It depends on whether the hibah was complete, that is, whether the house was truly handed over to you while your father wa…Can parents take back a gift (hibah) they have given to a child?In the Syafi'i school, parents are allowed to take back a gift (hibah) to their child, as long as the property is s…Our father gave land to one child as a gift (hibah) when he was critically ill. Is that hibah valid?A gift made during an illness that leads to death is treated like a will (wasiat), not an ordinary hibah. This means it i…Apart from dividing property, what else should I write in a will for my family?A good will also includes a list of debts, unfulfilled trusts and messages for the family. Note your debts to other…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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