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Financial Planning in the Event of Death
By Dr. Zaleha Kamaruddin

Distribution of Muslim Estates

Testacy

Attestation and execution determined by provisions of Wills Act 1959.Testamentary disposition may not exceed one-third of the estate of the deceased.It cannot be for the benefit of an object opposed to Islam as a religion.

Intestacy

Covers the deceased residual property after disposal of the legal one third under the will and after payment of the funeral expenses and debts of the deceased.

Surviving relatives Entitlement
Spouse (husband only) Husband gets half of wife’s estate. Brothers and sisters entitled to their share under Islamic law.
Spouse (husband) with children Husband gets one quarter, children gets the rest (males gets double the females’ share).
Spouse (wife only) Wife gets one quarter (except in Selangor). Brothers and sisters entitled to their share under Islamic law.Note: If more than one widow, share equally.
Spouse (wife) with children Wife gets one eighth.Note: If more than one widow, share equally.
No lawful next of kin Bait-al-Mal (Majlis Ugama) – land reverts to state land authority.

Related Topics:
Property Disposable by Will
Testacy and Intestacy (non-Muslims)
Distribution of Non-Muslim Estates
Succession of Estates for Muslims
Gifts
Glossary of Terms

 

Dr. Zaleha is an associate professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia