MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Children, inheritance & global

🌍 Children, inheritance & global · #16

How much of one's property may be bequeathed?

A bequest is limited to one third (1/3) of the net estate after funeral costs and debts. In the hadith of Sa'd bin Abi Waqqas, the Prophet ﷺ said: "One third, and one third is a lot. Leaving your heirs well off is better than leaving them poor, begging from people." A bequest of more than 1/3 only takes effect if the adult heirs consent after the death. Many scholars encourage less than 1/3 if the heirs are in need. In Malaysia, a Muslim's will can be made through Amanah Raya, trust companies, Syarie lawyers or state religious bodies. Some states have their own Muslim wills Enactments.

Sources

Sahih al-Bukhari 2742Sahih Muslim, Kitab al-WasiyyahSurah al-Baqarah 2:180
← PreviousCan I make a will giving more to my second wife or a particular child?Next →My husband wants to give the house to his first wife as a gift (hibah) during his lifetime — is it valid?

Related questions

I am a convert: can I inherit from my non-Muslim parents?According to the majority of scholars, including the Shafi'i school, a convert does not inherit under faraid from non-Muslim…The eldest brother has taken control of the estate and refuses to divide it. What can be done?The other heirs are entitled to claim their shares; start with family negotiation, then the estate office or court…May a working widow go out to work during the ʿiddah of death?Yes, if there is a need. Scholars of the Shafi'i school allow a widow to go out during the day for needs such as working…What may a widow not do during mourning (ihdad)?Throughout the ʿiddah of death, a widow must observe ihdad, that is, forgo adornment. Things to avoid: wearing perfume…What must be settled first before the deceased's estate is divided by faraid?The deceased's estate cannot be divided straight away; there is an order that must be followed. First, the reasonable costs of…May siblings agree to divide the estate equally instead of by faraid?Yes, provided that all the heirs involved are adult, of sound mind and consent freely without pressure, after each has learned…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.