KUALA LUMPUR, Jan 16 — A lack of awareness about Islamic inheritance laws is often cited as a primary reason for mismanagement of inheritance among Muslims in this country.
This oversight frequently leads to disputes among heirs, with some cases escalating to court proceedings or, worse, causing irreparable damage to family relationships.
These disputes often revolve around the distribution of inheritance between the wife and in-laws, as well as among siblings, following the death of a parent.
Reflecting on this issue, experts believe that many Muslims tend to underestimate the significance of inheritance management, neglecting to acquire the necessary knowledge.
Additionally, a limited understanding of Islamic legal principles exacerbates these conflicts, with some individuals denying the rightful claims of those who are legally entitled to the deceased’s assets.
Lack of knowledge
Inheritance encompasses all assets owned by an individual up until their death, said Zahari Mahad Musa, a senior lecturer at the Faculty of Shariah and Law, Universiti Sains Islam Malaysia (USIM), noting that inheritance management is a fundamental process all Muslims should understand.
“Any individual who owns assets – whether movable properties like vehicles, furniture, gold, and others, or immovable properties such as land – that hold value under Islamic law during their lifetime and remain in their possession upon death – these are classified as inheritance and must be distributed accordingly,” he told Bernama.
He said the failure of individuals or families to manage their assets before death is not only a loss but also complicates the process of inheritance distribution for the heirs.
“Perhaps we often see only immediate family members-such as parents, spouses, sons, and daughters-receiving the inheritance because they are closest to the deceased. However, understanding inheritance laws, including the principles of faraid (Islamic inheritance law), provides detailed guidance on all eligible heirs entitled to a share after a person’s passing,” he explained.
For example, Zahari highlighted the difference in inheritance shares between sons and daughters. According to faraid, daughters typically receive a smaller portion compared to sons.
“A daughter is considered an ashab al-furud (an heir with a fixed share), but under certain circumstances, she can also become an asabah (an heir entitled to the remainder). Meanwhile, the son of the deceased is always categorised as an asabah,” he explained.
Zahari said a limited understanding of Islamic inheritance laws often leads individuals to believe they have exclusive rights to the deceased’s assets.
“Inheritance disputes often stem from individuals’ attitudes toward the deceased’s assets, influenced by greed or a resistance to the rules established in Islam,” he added.
He also pointed out that inheritance management for individuals without children or those who are unmarried requires careful attention, as siblings are eligible to inherit in such cases.
Therefore, Zahari emphasised the importance of all Muslims acquiring knowledge of faraid to prevent conflicts and disputes within families.
“Faraid cannot be implemented on its own; proper planning and management are necessary to avoid confusion and conflicts later.
“Without accurate knowledge, there is a risk of distributing assets to those who are not entitled, and more concerning, the wrongful appropriation of others’ rights,” he added.
Distribution methods
Elaborating further, Zahari said several mechanisms for distributing inheritance can be planned in advance to prevent disputes, such as wills (wasiat), gifts (hibah), and trusteeship (pemegang amanah).
However, he noted that the application of these mechanisms, as recommended in Islam, depends on the specific circumstances.
“For example, creating a will or a hibah is advised when the deceased has no recognised heirs under Islamic law. Similarly, for an unmarried individual with only maternal or paternal aunts, the best method of asset transfer would be through a will or hibah.
“In Islam, a will is especially useful as it allows for up to one-third of the deceased’s assets to be given to non-heirs. Aunts are not considered eligible heirs under faraid law; they are classified as waris dhawi al-arham (non-primary heirs). A hibah to an aunt is also significant as it facilitates the transfer of assets while the giver is still alive,” he explained.
He also said that appointing a trustee is a prudent step for Muslims to prevent inheritance disputes.
Through this mechanism, the asset owner appoints a trustee who will carry out their responsibilities to fulfil the owner’s wishes after their death.
“If the surviving family members can manage the inheritance independently, no conflicts are likely to arise.
“However, if the heirs left behind are unable to manage the assets – such as children or individuals with disabilities (OKU) – it is essential to appoint a trustworthy person as a family trustee,” he added.
Zahari also recommended that all Muslims document their assets and list their heirs to facilitate inheritance management.
“Every Muslim is encouraged to record their asset ownership, such as property deeds, house sale agreements, savings and investment accounts, debts, and takaful certificates, along with a list of eligible heirs.
“Creating an asset list early also helps the heirs estimate the value and types of assets for inheritance distribution purposes,” he said.
Laws
Meanwhile, Associate Professor Dr Adzidah Yaakob, also from USIM, said heirs can utilise the authority of the Shariah Court to resolve any conflicts related to inheritance distribution.
She noted that the Shariah Court has clear authority to resolve disputes over inheritance management based on Islamic law and the established principles of Shariah.
“For instance, in cases of disputes over wills, the parties involved can apply to the Shariah Court to determine the validity of the will,” she said, adding that a will only takes effect after the death of its author.
“Although verbal wills are permitted in Islam, it is recommended to make wills in written and clear form to serve as proof of the deceased’s intentions,” she added.
By leveraging the provisions of existing laws, justice can be achieved, thus resolving disputes related to the deceased’s inheritance.
At the same time, she emphasised the importance of Muslims gaining a deeper understanding of inheritance laws in the country.
“The current laws are adequate to ensure fair management and distribution of inheritance. However, disputes and selfish behaviour often arise due to a lack of understanding of inheritance procedures or laws,” she said, adding that courses on inheritance law are offered by various organisations, including mosques and non- governmental organisations. — Bernama
