Estate planning
Islamic estate planning — faraid, wasiat, hibah & wakaf
Faraid decides the fixed shares. Wise planning decides everything faraid leaves to you.
For a Muslim estate, faraid sets the fixed shares of heirs, and the Syariah Court certifies them in a sijil faraid. But faraid is not the whole story. A wasiat can direct up to one third of the estate to people who are not heirs; hibah can pass specific assets during your lifetime; harta sepencarian recognises a spouse’s share of jointly-acquired property; and wakaf lets you leave a lasting endowment.
Used together, these tools let you provide for a spouse, a child with special needs, an adopted child or a non-Muslim relative who would otherwise receive nothing — all within the framework of the Syariah. Our Islamic estate practice is led by a Peguam Syarie, and works alongside our civil team for families whose estates have both dimensions.
Islamic estate services
- Wasiat draftingA will directing up to one third of your estate to non-heirs (or more, with heirs’ consent), correctly drawn and witnessed.
- Hibah documentationLifetime gifts of specific assets, documented so they take effect and are not later disputed.
- Harta sepencarianDeclarations and claims for a spouse’s share of jointly-acquired matrimonial property.
- Faraid & sijil faraidAdvising on the fixed shares and obtaining the Syariah Court certificate needed to distribute the estate.
- WakafStructuring a charitable endowment that continues to benefit others after you are gone.
How it works
Map the estate & the heirs
We identify your heirs, your assets, and where faraid alone would leave a gap you want to close.
Choose the instruments
Wasiat, hibah, harta sepencarian or wakaf — in the right combination, within the one-third and Syariah limits.
Document & register
We prepare and execute the documents, and guide the family through the Syariah Court where a certificate is needed.
Questions about islamic estate planning
Can a Muslim write a will in Malaysia?
Yes — a wasiat. It can direct up to one-third of your estate to people who are not your faraid heirs (or a larger share if the heirs consent). The remaining estate is distributed according to faraid. A wasiat is especially useful for providing for a non-heir or a specific cause.
Can I use hibah to give assets to one child?
Hibah is a lifetime gift that, if properly made and delivered, takes effect outside faraid. It is a recognised way to provide for a particular person — but it must be documented carefully to be effective and to withstand a later challenge. We prepare hibah so it does what you intend.
What is a sijil faraid and do we need one?
A sijil faraid is the Syariah Court certificate stating each heir’s share. It is usually needed before a Muslim estate can be distributed, and we guide families through obtaining it and then administering the estate accordingly.
Related
You may also need
Wills & will drafting
A valid will is the difference between deciding for your family and letting a statute decide for them.
Learn moreProbate & estate administration
After a death, the law will not let anyone touch the assets until the right grant is in hand. We get it.
Learn moreTrusts
A will decides who inherits. A trust decides how, when, and under whose care.
Learn moreOne calm conversation is a good place to start.
A complimentary 20-minute call, no obligation. If it helps, a full estate-planning consultation follows — RM350, credited against your fees if you proceed within 60 days.