Many Muslim families assume that because faraid fixes the shares of an estate, there is nothing to plan. That is a misunderstanding that costs families dearly. Faraid governs how the estate is divided by default — but wasiat, hibah, harta sepencarian and wakaf give you real room to provide for the people a fixed formula might leave short, all within the framework of the Syariah.
Faraid: the fixed shares
Faraid allocates fixed portions (furud) to defined heirs, and the remainder passes to the nearest male agnate heirs (asabah). A few examples of the fixed shares:
- A husband takes one half if there are no children, one quarter if there are.
- A wife takes one quarter if there are no children, one eighth if there are (shared between wives).
- Each parent takes one sixth where the deceased leaves children.
- A daughter takes one half alone, or two or more daughters share two thirds — but where there is also a son, the children take the residue as asabah, a son receiving twice a daughter's share.
The binding calculation is done by the Syariah Court in a sijil faraid. Our who-inherits calculator shows an educational estimate for common family situations, but the certificate is the authority.
Wasiat: your one third
A Muslim may make a wasiat — a will — directing up to one third of the estate to people who are not faraid heirs (more than a third is possible only with the other heirs' consent). This is how you provide for an adopted child, a non-Muslim parent, a charity, or a particular cause. The remaining two thirds is distributed by faraid.
Hibah: a lifetime gift
A hibah is a gift made during your lifetime. Once it is validly made and delivered, the asset belongs to the recipient and falls outside faraid altogether. Hibah is a recognised and powerful way to provide for a spouse or a specific child — but it must be documented carefully, because a poorly-made hibah can be challenged and unwound. This is not a place for do-it-yourself paperwork.
Harta sepencarian and wakaf
Harta sepencarian recognises a spouse's share of property acquired jointly during the marriage — that share is carved out before faraid is applied to the rest, which can significantly change what a surviving spouse receives. Wakaf lets you dedicate an asset as a continuing charitable endowment, a lasting form of sadaqah jariyah.
Putting it together
A well-built Muslim estate plan usually combines several of these: a wasiat for the non-heirs you want to provide for, hibah for specific assets, a harta sepencarian declaration where property was jointly acquired, and perhaps a wakaf. Used together, they let a family honour faraid and make sure a vulnerable spouse or child is not left short.
General information only, not legal or religious advice. Islamic estate planning should be done with a qualified Peguam Syarie; our Islamic practice is led by one. Speak to us to plan yours.
