Question 1

If a husband has four wives and dies, what is each wife's share of the estate?

Accepted Answer

All the wives share equally in a single portion only: 1/8 if the husband leaves children, or 1/4 if there are no children. This portion is not multiplied by the number of wives. For example, if the husband leaves children and four wives, 1/8 of the estate is divided by four, so each wife receives 1/32. If there are no children or grandchildren through a son, 1/4 is divided by four, so each wife receives 1/16. All the wives stand equal, whether first or fourth wife, married long ago or recently, as long as the marriage was valid and still subsisted at the time of death. The husband's children by any wife count as "children" who reduce the wives' share to 1/8. Try the faraid calculator for worked figures.

Question 2

How long is a wife's ʿiddah when her husband dies?

Accepted Answer

The ʿiddah of death is four months and ten days for a wife who is not pregnant. This period is counted in lunar months beginning from the moment of the husband's death, not from the date the wife receives the news. It is obligatory whether or not the marriage was consummated, and whether the wife still menstruates or has reached menopause. For a pregnant wife, her ʿiddah ends when she gives birth, even if that is a few days after the husband's death. In a polygynous family, each wife observes her own ʿiddah of death at the same time. Throughout the ʿiddah, the widow must observe mourning (ihdad) and may not receive an explicit proposal. See also ʿiddah & widows' rights .

Question 3

Why does a son receive twice the share of a daughter in faraid?

Accepted Answer

This ruling comes directly from the Qur'an: a son receives two shares to a daughter's one share when they inherit together as residuary heirs (asabah). The wisdom explained by scholars is that a man's financial responsibility is heavier: he must provide maintenance for his wife, children and sometimes his parents and sisters, while a woman's property remains her own. If the deceased leaves only daughters, one daughter receives 1/2, while two or more share 2/3. This is not a measure of human worth, but a distribution balanced against the burden of responsibility. Parents who wish to help a daughter may give a hibah fairly during their lifetime. See the faraid guide .

Question 4

Do the children of the second wife inherit the same share as the children of the first wife?

Accepted Answer

Yes, all the children of one father have the same inheritance rights , regardless of who their mother is. Faraid looks at the child's relationship to the father, not the order of the marriages. A son of the fourth wife receives the same share as a son of the first wife, and likewise a daughter. The condition is that the child's lineage to the father is legitimate, that is, born within a valid marriage. To make matters easier, polygynous marriages must be registered and the birth certificate must record the father's name. The father is also encouraged to be fair in lifetime gifts to all his children. See children in polygyny .

Question 5

What must be settled before the deceased's estate is divided by faraid?

Accepted Answer

The deceased's estate cannot be divided straight away; there is an order that must be followed. First, the reasonable costs of the funeral. Second, debts of the deceased, including debts to Allah such as unpaid zakat, and debts to people such as loans, credit cards or the wife's unpaid mahr (dower). Third, bequests to non-heirs, not exceeding 1/3 of the remaining estate. Fourth, the rest of the estate is divided by faraid among the heirs. Before that, the wife's personal property and any claim for harta sepencarian must be separated out, as they are not part of the husband's estate. The Qur'an repeatedly states that division takes place "after any bequest made or debt".

Question 6

Can a widow claim jointly acquired matrimonial property (harta sepencarian) after her husband dies?

Accepted Answer

Yes. In Malaysia a widow may file a claim for harta sepencarian in the Syariah Court before the estate is divided by faraid. Harta sepencarian is property acquired jointly during the marriage through direct contribution (money, work) or indirect contribution (running the household, caring for the children). The share decided by the court becomes the widow's own, and only the rest of the husband's property is divided as his estate; from that remainder the widow also receives her fixed share. In polygamy, each wife may claim for her own contribution, and the court assesses it on the evidence. Keep purchase documents and proof of contribution. Procedure differs by state, so refer to your state enactment or a Syarie lawyer.

Question 7

A child born less than six months after the marriage: can the child be named after the husband (bin/binti)?

Accepted Answer

According to the fatwa applied in Malaysia, a child born less than six lunar months (counted from the date of the contract or the moment intercourse became possible) is regarded as illegitimate and their lineage is not attributed to the husband. The six-month period is derived by combining the verses on the periods of pregnancy and breastfeeding (30 months less 2 years of breastfeeding). This child's lineage is traced to the mother, the child does not inherit from that man, and her marriage wali (if a girl) is the wali hakim. However, the child bears no one's sin and is entitled to be treated with full love and care. The issue of the name on the birth certificate has been litigated in court, so refer to the JPN and the state religious affairs office for the current position.

Question 8

After divorce, who is entitled to custody of a young child, the mother or the father?

Accepted Answer

In principle, the mother has the greatest right to custody (hadhanah) of a young child as long as she is qualified and has not married another man who is not mahram to the child. The Messenger of Allah ﷺ said to a mother: "You have more right to him as long as you have not remarried." The conditions of qualification include being Muslim, of sound mind, trustworthy, able to care for the child and living in a safe place. The father must still pay the child's maintenance even while the child is in the mother's custody. In Malaysia, state Enactments usually set the mother's custody until a boy is 7 years old and a girl 9 years old, but the court always gives priority to the child's welfare . See custody (hadhanah) .

Question 9

Once a child is a little older, can they choose to live with their mother or father?

Accepted Answer

In the Shafi'i school, a child who has reached discernment (mumayyiz) (usually around 7 years old) is given the choice to live with the mother or the father, based on the hadith in which the Prophet ﷺ gave a boy the choice between his mother and father. This choice is valid if both parents are qualified. If one is not qualified, for example by neglecting prayer or endangering the child, that right is not given to them. In Malaysia, the Syariah Court considers the child's wishes but the final decision is based on the child's welfare : education, safety and stability. The party who does not get custody is usually given access rights. Refer to your state Syariah Court for the procedure.

Question 10

After divorce, who must pay child maintenance and until when?

Accepted Answer

A father must maintain his children, whether still married or divorced, and whether or not the children live with him. Maintenance covers food, clothing, housing, education and medical care, according to the father's means and the child's needs. The hadith of Hind shows that a mother may take, on a reasonable basis, what suffices for herself and the child if the husband is miserly. Under fiqh, a son's maintenance continues until he reaches puberty and is able to work, and a daughter's until she marries. In Malaysia, the court may order maintenance until 18 years of age or beyond if the child continues their studies; maintenance does not lapse for an unmarried daughter or a disabled child (Act 303 s.79). The mother may file a claim and an enforcement application in the Syariah Court. See child maintenance .

Question 11

A polygynous husband: must he give equal maintenance (nafkah) for the children of each wife?

Accepted Answer

A father's duty is to meet each child's needs , not necessarily to give the same amount of money. A younger child, a sick child or one studying at university may need more. What is forbidden is favouritism: favouring the children of a more beloved wife or neglecting the children of another wife. In gifts and hibah (beyond obligatory maintenance), the Prophet ﷺ commanded: "Fear Allah and be just among your children." A husband who wishes to take another wife must prove the financial means to support all his wives and children, and this is among the matters the court assesses before granting permission. See children in polygyny .

Question 12

A husband dies while his wife is still in the ʿiddah of a talaq: does she inherit?

Accepted Answer

It depends on the type of talaq. If it is a revocable (raj'i) talaq (first or second talaq) and the husband dies while the wife is still in the ʿiddah, the wife still inherits because legally she is still his wife. She also switches to the ʿiddah of death, that is 4 months 10 days from the date of death. If it is an irrevocable (ba'in) talaq (triple talaq, khulʿ or fasakh), the marriage bond has ended and she does not inherit according to the Shafi'i school. If the ʿiddah had already ended before the death, she no longer inherits. Make sure the divorce has been confirmed and registered at the Syariah Court so that the status is clear when the estate is divided by faraid .

Question 13

What may a widow not do during mourning (ihdad)?

Accepted Answer

Throughout the ʿiddah of death, a widow must observe ihdad, that is, forgo adornment. Things to avoid: wearing perfume , make-up and kohl for adornment, henna, brightly coloured clothes worn for adornment, and jewellery. The widow should also stay at the home where she was when her husband died, and not spend the night elsewhere without need. She also may not receive an explicit proposal or marry during this period. Things that are permitted: bathing, combing her hair, wearing ordinary clean clothes, speaking to non-mahram men when needed, and answering the phone. Ihdad is only for a husband; mourning for the death of anyone else does not exceed three days.

Question 14

May a working widow go out to work during the ʿiddah of death?

Accepted Answer

Yes, if there is a need . Scholars of the Shafi'i school permit a widow to go out during the day for needs such as working to earn a living, buying necessities, going to hospital or administering the estate, since there is no longer a husband to support her. However, she should return and spend the night at her home. When she goes out, she still observes ihdad: no perfume and no adornment. Unnecessary journeys such as holidays, celebrations or a voluntary umrah should be postponed until the ʿiddah ends. Employers in Malaysia usually give compassionate leave; some government agencies have special ʿiddah leave, so check your employer's policy.

Question 15

Can I make a will giving more to my second wife or to a particular child?

Accepted Answer

In principle, a bequest to an heir is not valid unless the other heirs agree after the testator's death. The Messenger of Allah ﷺ said: "Allah has given everyone who has a right their right, so there is no bequest for an heir." Wives and children are heirs, so an additional bequest to them depends on the other heirs' consent. A bequest to non-heirs (for example an adopted child, a stepchild, a charity) is permitted up to 1/3 of the estate. If you wish to help particular family members, consider a lifetime gift (hibah) that is handed over in full, but with a fair intention and not to deny other heirs their rights. See faraid .

Question 16

How much of one's property can be bequeathed?

Accepted Answer

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.

Question 17

A husband wants to give the house to his first wife as a gift (hibah) during his lifetime. Is it valid?

Accepted Answer

Valid , if the pillars of hibah are met: giver, recipient, property and offer and acceptance, and the property is handed over (qabd) to the recipient, for example by transfer of the title. Once the hibah is complete, the house belongs to the wife and is not part of the husband's estate. A hibah made during a terminal illness (maradh al-maut), however, is treated like a bequest: limited to 1/3 and requiring the heirs' consent if the recipient is an heir. In polygyny, the husband must take care that a hibah does not become a means of wronging the other wives and children. A hibah made deliberately to deny heirs their rights is criticised by scholars even if outwardly valid. Disputes over hibah are decided by the Syariah Court.

Question 18

A father gives a house to only one child: is it a sin?

Accepted Answer

The Prophet ﷺ commanded parents to be fair in giving gifts to their children . In the hadith of an-Nu'man bin Basyir, when his father wished to give a gift to an-Nu'man alone, the Prophet asked whether all his children had been given the same, then said: "Fear Allah and be fair between your children." The Shafi'i school rules favouritism without reason to be disliked (makruh), while the Hanbali school forbids it. Giving one child more for a reasonable cause, for example a child with a disability, a child who cares for the parents, or a child whose education has not yet been funded, is more readily accepted. Discuss it openly with all the children to avoid disputes after death.

Question 19

Does an adopted child inherit from the estate?

Accepted Answer

No. An adopted child does not inherit from the adoptive parents by faraid because inheritance depends on a relationship of lineage, marriage or wala'. Islam also forbids an adopted child being given the adoptive father's lineage; the child should be called by the name of the biological father. Even so, adopting and caring for a child is a noble deed. Adoptive parents can secure the child's future through a bequest of up to 1/3 of the estate, or a gift (hibah) during their lifetime. If the adopted child is breastfed by the adoptive mother five satisfying times before the age of two, the child becomes mahram through fosterage but still does not inherit. See lineage (nasab) .

Question 20

The mahr (dower) was not yet paid, then the husband died. What now?

Accepted Answer

Unpaid mahr is a debt owed by the husband, which must be paid from his estate before the faraid distribution. Death confirms the full mahr even if the marriage was not consummated, according to the authoritative view of the Shafi'i school for a specified mahr. If no mahr was specified in the contract, the wife is entitled to the customary mahr (mahr mithl), based on the Prophet's ﷺ ruling in the case of Barwa' binti Wasyiq. After the mahr is paid, the wife still receives her fixed share as a widow. Bring the marriage certificate recording the mahr amount when applying for the estate order. In polygyny, each wife's outstanding mahr is paid as a separate debt.

Question 21

The husband died before the marriage was consummated: must the wife still observe the ʿiddah?

Accepted Answer

Yes. The ʿiddah of death of 4 months 10 days is obligatory even if the marriage was not consummated. This differs from divorce: a wife divorced before consummation has no ʿiddah. The verse on the ʿiddah of death applies generally to all wives whose husbands die, and its purpose is not only to ensure the womb is empty but also to honour the marriage bond. This wife also inherits from her husband and is entitled to the full mahr. She must observe mourning (ihdad) throughout the ʿiddah. Once the ʿiddah ends, she is free to remarry. See ʿiddah of death .

Question 22

When may a widow remarry? Is there any other waiting period?

Accepted Answer

A widow may remarry as soon as the ʿiddah of death ends , that is after 4 months 10 days, or after giving birth if she is pregnant. There is no additional waiting period in the Shariah. During the ʿiddah, a man may only express interest by hint (taʿridh), not by an explicit proposal, and a contract during the ʿiddah is invalid. After the ʿiddah, a widow who has been married before must give her permission clearly and still needs a wali. Wives of the Prophet ﷺ such as Umm Salamah and Sawdah were widows married after their ʿiddah. In Malaysia, include the previous husband's death certificate when applying for permission to marry at the religious affairs office.

Question 23

A polygynous marriage in Thailand that was not registered: how do we register the child under the father's name?

Accepted Answer

If the marriage is valid under the Shariah, the child's lineage is still traced to the father, but registration requires proof of a recognised marriage. The usual steps: the couple must have the marriage confirmed and registered at the state Syariah Court/religious affairs office, which may involve prosecution for practising polygyny without permission and payment of a fine. Once the marriage is registered, the marriage certificate is used to register or amend the father's details at the JPN. Delay makes things difficult for the child in matters of schooling, inheritance, wali and maintenance. That is why polygyny should go through official channels from the start. See child's lineage and unregistered marriage .

Question 24

Does a non-Muslim (Christian) wife inherit from her Muslim husband?

Accepted Answer

Not by faraid. Difference of religion bars inheritance: the Prophet ﷺ said, "A Muslim does not inherit from a disbeliever and a disbeliever does not inherit from a Muslim." However, a husband may give to a non-Muslim wife through a bequest of up to 1/3 of the estate, since she is not an heir, or through a gift (hibah) during his lifetime. Bear in mind that in Malaysia a marriage between a Muslim and a non-Muslim (even one of the People of the Book) is not registered unless the spouse embraces Islam, so this issue arises mostly for Muslims abroad. The wife's personal property remains hers. See faraid for other bars to inheritance.

Question 25

I am a convert: can I inherit from my non-Muslim parents' estate?

Accepted Answer

According to the majority of scholars, including the Shafi'i school, a convert does not inherit under faraid from non-Muslim parents, nor do they inherit from him or her. Yet the bond of love and kindness towards parents remains obligatory. Property from non-Muslim parents may be received through a gift (hibah) during their lifetime or a will under civil law. In Malaysia, the property of non-Muslims is administered under civil law, and a convert child may receive it if named in the will. Converts are also encouraged to make a will and hibah so that beloved non-Muslim family members can be helped. Consult the religious affairs office or a lawyer.

Question 26

My wife is my EPF (KWSP) nominee: does all that money belong to her?

Accepted Answer

For Muslims, the view of the National Fatwa Committee's Muzakarah is that an EPF nominee acts as an administrator or executor , not an absolute owner. This means the money is part of the estate and must be divided by faraid among all the heirs, including the nominee if they are an heir. If the contributor wants the money to belong to the nominee, there must be another basis such as a valid hibah. In polygyny, naming only one wife does not cancel the rights of the other wives and the children. For certainty, set your nomination choice clearly, make a hibah or will document, and check your state's fatwa because approaches can differ.

Question 27

Takaful money after death: is it subject to faraid or does it belong to the beneficiary?

Accepted Answer

For a family takaful plan where the beneficiary is nominated by way of hibah (gift) , the benefit is usually paid directly to that beneficiary as their own property, not as part of the estate. This is based on the takaful contract and the Islamic financial services law in Malaysia. If the beneficiary is nominated as executor/administrator only, or there is no nomination, the benefit becomes part of the estate divided by faraid. So read the nomination form carefully. A polygynous husband should use nominations fairly to secure each wife and child. Check the policy documents with the takaful operator and consult a Syarie lawyer if in doubt.

Question 28

In Malaysia, where do I go to administer the deceased's estate?

Accepted Answer

The route depends on the type and value of the estate. Small estates (with land, valued below the current limit) are handled by the Estate Distribution Unit, JKPTG, under the Small Estates (Distribution) Act 1955. Low-value estates of movable property only can go through Amanah Raya Berhad . High-value estates or those involving a formal will are administered through the Civil High Court (probate or letters of administration). For Muslims, the Faraid Certificate from the Syariah Court determines who the heirs are and their respective shares. In polygyny, all wives must be listed with their marriage certificates. Check the latest value limits on the JKPTG or Amanah Raya website. See faraid .

Question 29

Can siblings agree to divide the estate equally instead of by faraid?

Accepted Answer

Yes , provided that all the heirs involved are adult, of sound mind and consent freely without pressure , after each has learned their actual share under faraid. This practice is known as mutual agreement (muafakat) or takharuj: heirs voluntarily give up part of their rights to other heirs. The rights of heirs who are still children or not of sound mind cannot be given up; their shares must be protected. In Malaysia, this agreement is recorded during the estate hearing at the estate unit, Amanah Raya or the court. Make sure every widow in a polygynous family is also present and agrees; do not let anyone be pressured. See faraid .

Question 30

Does a grandchild whose father died first inherit from the grandfather?

Accepted Answer

In faraid, a grandchild through a son who died first is excluded (terhijab) if the grandfather still has another living son. This is often felt to be unfair. The solution: the grandfather can make a bequest for that grandchild of up to 1/3 of the estate, since they are not heirs at that time. Some Muslim countries and Malaysian states (for example through the Selangor Muslim wills Enactment) provide for an obligatory bequest (wasiat wajibah) for orphaned grandchildren even if the grandfather made no bequest. Its application differs by state, so refer to your state Enactment. Uncles and aunts are also encouraged to help their orphaned nieces and nephews.

Question 31

My late husband had no children: how much does the wife get and who takes the remainder?

Accepted Answer

If the husband has no children or grandchildren through a son, the wife (or all the wives sharing) receives 1/4 . The remainder of the estate is divided among the other heirs in order: the mother receives 1/3 or 1/6 depending on the deceased's siblings, the father receives the remainder as a residuary (asabah), and if there is no father, the deceased's siblings and so on. A simple example: the deceased leaves two wives, a mother and a father. The wives 1/4 (1/8 each), the mother 1/3 of the remainder after the wives' share (in the Umariyyatain case, that is 1/4 of the estate), and the father takes the rest. Real cases can be complicated, so use the calculator and confirm with a Faraid Certificate.

Question 32

When a wife dies, what is the husband's share of her estate?

Accepted Answer

The husband receives 1/2 of his wife's estate if she leaves no children (or grandchildren through a son), and 1/4 if there are children, including the wife's children from a previous marriage. The wife's estate includes savings, gold, land and her share of jointly acquired matrimonial property (harta sepencarian). Before distribution, the wife's debts and her bequest (if any) are settled first. In polygyny, only the deceased wife's estate is inherited; co-wives do not inherit from each other, as there is no inheritance relationship between them. The deceased wife's children are the main heirs of the remainder. See faraid .

Question 33

If my co-wife dies, do I get anything from her estate?

Accepted Answer

No. There is no inheritance between co-wives because they are not related to one another by lineage or marriage. The estate of a co-wife who dies is inherited by her husband, her children, her parents and other heirs under faraid. However, your children and hers are paternal half-siblings; if one of the children dies without closer heirs, paternal half-siblings may inherit. Co-wives may give each other gifts, or one may bequeath up to 1/3 of her estate to her co-wife, since she is not an heir. Keeping good relations between co-wives is strongly encouraged for the children's sake. See barriers to inheritance .

Question 34

Are children of different wives mahram to each other, and can they inherit from one another?

Accepted Answer

Yes, both. Children of the same father but different mothers are paternal half-siblings (li-ab). They are mahram : they may not marry each other, may shake hands, and doing so does not break wudu according to the Shafi'i school. They can also inherit from one another when there is no heir who excludes them, such as a child, the father or a full brother. As a family, parents are encouraged to nurture close ties between the children of different wives from a young age so that they help one another as adults, especially after the father dies. See children in polygyny .

Question 35

How does Islam determine the father of a child born within marriage?

Accepted Answer

The basic rule is the hadith of the Prophet ﷺ: "The child belongs to (the owner of) the bed" (al-walad lil-firasy), meaning a child born within a valid marriage is attributed by lineage (nasab) to the husband, provided the child is born at least six months after the contract and within the maximum period of pregnancy after separation. The husband may not deny the child at will; the only Syariah-sanctioned route is the liʿan procedure before a judge. A DNA test may assist the court in certain circumstances, but according to most fatwas it does not cancel lineage within a valid marriage without liʿan. Lineage matters for inheritance, maintenance, guardianship (wali) and mahram status. See lineage (nasab) .

Question 36

A husband denies that the child is his: what is the procedure in Islam?

Accepted Answer

The only Shariah-recognised way for a husband to deny paternity of a child born within marriage is liʿan : the husband swears four times before a judge that he is truthful, and the fifth time invokes Allah's curse upon himself if he is lying; the wife may avert it with a similar counter-oath. The effect is that the marriage is ended permanently and the child is attributed to the mother only. Liʿan must be done promptly upon learning of the pregnancy or birth, not years later. Accusing one's wife of zina without proof is a major sin. In Malaysia, liʿan can only be carried out through the Syariah Court. Consider counselling and legal advice before taking this step. See liʿan .

Question 37

The father has died: who manages the property of the young children?

Accepted Answer

In the Shafi'i school, the guardian of property (wilayah al-mal) for a child who has not reached puberty is the father , then the paternal grandfather , then the executor (wasi) appointed by the father or grandfather, and finally the judge (the court) or a person the court appoints. The mother does not automatically become guardian of property, even though she is entitled to custody of the child (hadhanah); however, the court may appoint the mother as guardian of the property. The guardian must manage an orphan's property with trustworthiness and hand it over when the child is adult and mature. The Qur'an gives a stern warning against consuming the property of orphans unjustly. Fathers are encouraged to name an executor in their will.

Question 38

Is a widow entitled to stay in her late husband's house during the ʿiddah even if the house is part of the estate?

Accepted Answer

According to the stronger view in the Shafi'i school, a widow is entitled to live in the house where she was living when her husband died throughout the ʿiddah, and she is also instructed not to move without need. This is based on the hadith of Furai'ah bint Malik, whom the Prophet ﷺ instructed to remain in her house until her ʿiddah ended. However, a widow is not entitled to ʿiddah maintenance from the husband's estate; her needs are met from her own share of the inheritance. Other heirs should not evict the widow or sell the house during the ʿiddah. In polygyny, each widow observes her ʿiddah in her own home. Refer to the Syariah Court if a dispute arises.

Question 39

My late husband had a bank loan: must his wife and children pay it?

Accepted Answer

The deceased's debts are paid from his estate , before division by faraid. The heirs are not obliged by the Shariah to pay out of their own pockets if the estate is insufficient, unless they are guarantors or joint borrowers under the contract. Even so, heirs are encouraged to settle the deceased's debts as a sign of love, because the hadith says that the believer's soul is held back by his debt until it is settled. Check whether the loan is covered by takaful (MRTT/MRTA) or credit card insurance. Do not divide the estate before the debts have been identified. In polygyny, all the wives and heirs bear it collectively through the estate, not one wife alone.

Question 40

Can you give an example of a faraid calculation: two wives, one son, one daughter?

Accepted Answer

Example: net estate RM240,000 (after debts and bequests), the heirs are two wives, one son and one daughter; the deceased's parents have already died. Because there are children, the wives share 1/8 = RM30,000, that is RM15,000 for each wife . The remaining RM210,000 is taken by the children as residuaries (asabah) in the ratio 2:1, so the son receives RM140,000 and the daughter RM70,000. It does not matter which wife the child was born to. If the deceased's mother or father is still alive, each receives 1/6 first and the remainder is recalculated. This example is simplified; confirm the actual case with a Faraid Certificate and the calculator .

Question 41

Married abroad: how do I register the marriage in Malaysia?

Accepted Answer

Malaysians who marry abroad must register the marriage at the state religious affairs office (or through the Malaysian embassy/consulate in that country) within the period set by the state Enactment, usually six months. Usual documents: the endorsed foreign marriage certificate, passports, proof of the wali and witnesses, and a confirmation letter from the local religious authority. If the marriage is polygynous without court permission, it can be registered after the court process and penalty, because polygyny without permission is an offence. Registration matters for the child's lineage, inheritance and the wife's rights. See marriage abroad and state religious affairs office .

Question 42

Muslims in the UK or Australia: is a mosque marriage enough without civil registration?

Accepted Answer

Under Syariah, a marriage that meets its pillars is valid, but under the law of that country , a religious marriage alone is often not recognised as a valid marriage. In England and Wales, for example, a mosque marriage not registered civilly may be treated as a non-marriage. As a result the wife has no right to claim property on divorce, no automatic right of inheritance, and difficulty proving her status for a visa. It is therefore strongly encouraged to complete civil registration alongside the nikah. A second marriage cannot be registered in Western countries because bigamy is a crime; do not take the route of a secret marriage. See Muslim minorities .

Question 43

Living in a Western country: do I need to make an Islamic will?

Accepted Answer

Very necessary. In most Western countries, if someone dies without a will (intestate), their estate is divided under civil law that differs from faraid; for example a spouse may receive most of the estate, while parents or siblings receive nothing. An Islamic will prepared with a local lawyer can direct that the estate be divided according to faraid, with 1/3 for a free bequest. However, local law may allow a spouse or dependants to claim additional provision. If you have more than one wife (for example a marriage contracted abroad), get specific advice, because recognition of a second wife varies. See Muslim minorities in the West .

Question 44

Does a second wife in a Western country inherit from her husband?

Accepted Answer

Under faraid, all valid wives share 1/8 or 1/4. In Western countries, however, a second marriage contracted in that country is not valid in law (bigamy), so a second wife is usually not recognised as a spouse for the purposes of civil inheritance. Some countries recognise polygynous marriages validly contracted in the country of origin for limited purposes, but the rules vary. Islam does not encourage breaking local laws in ways that bring hardship on oneself. For those already in this situation, a will prepared by a lawyer can help, but remember that a bequest to an heir requires the consent of the other heirs. Consult a local lawyer. See Muslim minorities in the West .

Question 45

Dying abroad: is it better to be buried there or brought home?

Accepted Answer

The sunnah is to hasten the preparation and burial of the deceased, based on the hadith "Hasten with the funeral". Many scholars therefore recommend that the deceased be buried where they died if there is a Muslim cemetery and proper arrangements. Some scholars permit moving the body to another country if there is a benefit and it does not cause the body to deteriorate or be delayed too long, but the cost is high and it can delay the burial. Funeral costs are taken from the estate before debts. For Malaysian Muslims abroad, contact the embassy and the local Muslim association. Consider takaful that covers funeral costs.

Question 46

If I (a widow) remarry, do I lose custody of my children?

Accepted Answer

According to the hadith, the mother is entitled to custody of the child "as long as she has not remarried". So in the Shafi'i school, the mother's right of custody (hadhanah) may lapse when she marries a man who is not mahram or a close relative of the child, and the right passes to the maternal grandmother and so on. But if the new husband is a relative of the child (for example an uncle), the right does not lapse. In Malaysia, the Syariah Court still weighs the child's welfare , and remarriage does not necessarily lead to the child being moved if that would cause harm. If the child is an orphan, a paternal uncle or grandfather may apply. Discuss and settle it amicably. See custody (hadhanah) .

Question 47

My husband has died: who bears the maintenance (nafkah) of our orphaned children?

Accepted Answer

The orphans' maintenance is taken first from the child's own share of the estate , managed by the guardian of their property. If that property is insufficient, the duty of maintenance passes to relatives who have the means, especially the paternal grandfather, and in the Shafi'i school also a mother who has the means. A widowed mother should not be left to bear it alone if there are able relatives on the father's side. In Malaysia, a widow may also apply for help from the Baitulmal, zakat (as one of the asnaf), the JKM, and a derivative pension or PERKESO benefits if the husband was a contributor. Caring for orphans is a deed promised great reward. See maintenance (nafkah) .

Question 48

Can a wife whose marriage was not registered claim her husband's estate?

Accepted Answer

If the marriage is valid under the Shariah, she is entitled to inherit, but she must prove the marriage before the authorities. Without a marriage certificate, the Faraid Certificate will not list her, and other heirs may deny her existence. The usual step: apply for validation of the marriage at the Syariah Court with evidence such as witnesses to the contract, the wali, foreign marriage documents, and proof of living together. This process is harder after the husband has died. Her children likewise need to prove their lineage (nasab). The key lesson: do not marry in secret or without registration; it wrongs the wife and children. See unregistered marriage .

Question 49

A former wife does not inherit, but do her children?

Accepted Answer

Yes. A former wife whose ʿiddah has ended or who was divorced by an irrevocable talaq (ba'in) no longer inherits from her former husband, but their children remain full heirs of their father. Divorce does not sever a child's lineage. Sons and daughters of the former wife receive the same shares as the children of the current wife, in the ratio 2:1. If the children are still young, their shares are managed by the guardian of their property (the paternal grandfather, an executor or a guardian appointed by the court), and the mother may apply to be appointed guardian of their property. The former wife may also still have claims to jointly acquired matrimonial property (harta sepencarian) or mutʿah (consolatory gift) that were not settled at the divorce. See faraid .

Question 50

The mother has custody of the children. What are the father's rights to visit and keep in touch?

Accepted Answer

The father is still entitled to visit, keep in touch and be involved in the children's lives; the court can set a visiting schedule, and the mother should not block him without a safety reason.
Allah forbids that a mother or father be harmed on account of their child (al-Baqarah 2:233). Act 303 s.86 and s.87 allow the court to make custody orders with conditions, including visiting rights for the parent without custody. The father also remains guardian of the child's property and responsible for maintenance; maintenance and visits are separate matters, so a father who is late with maintenance should still not be blocked without a court order, and he must pay maintenance even if visits are limited. If there are safety concerns, ask for supervised visits. Focus on the child's welfare, not on revenge. See Custody & lineage.

Surah al-Baqarah 2:233Act 303, s.86Act 303, s.87

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Question 51

In what circumstances can a mother lose custody (hadhanah) of her child?

Accepted Answer

Act 303 s.83 lists, among others: marrying a man not within the prohibited degrees to the child if this affects the child's welfare, gross and open immorality, moving so as to prevent the father supervising the child, apostasy, and neglect of or cruelty to the child.
The qualifications for custody include being Muslim, of sound mind, of a suitable age, of good conduct and living in a safe place (s.82). The underlying principle is the child's welfare, since a guardian is a trustee who will be questioned (Sahih al-Bukhari 893). Custody is not lost automatically; the party seeking it must apply and prove the grounds at the Syariah Court, and the court weighs all circumstances, including the wishes of a child who has reached discernment. If custody passes on, it usually goes to the maternal grandmother or others in the set order (s.81). See the question on the mother's custody.

Act 303, s.83Act 303, s.82Sahih al-Bukhari 893

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Question 52

I have custody of the children and want to move or travel abroad with them. Do I need my former husband's permission?

Accepted Answer

For a temporary trip, get your former husband's written consent as a safeguard; to move permanently, seek the court's permission, because the court can restrain a child being taken out of Malaysia.
Act 303 s.105 empowers the court to restrain a child being taken out of Malaysia, and s.83(c) states that moving so as to prevent the father supervising the child can affect custody. Allah forbids that parents be harmed on account of their child (al-Baqarah 2:233), and the child's bond with the father should be preserved. Steps: check the existing custody order; discuss and write down the agreement, including the return date and means of contact; if he refuses without reason, apply to the court. A child's passport may also require both parents' consent. See Custody & lineage.

Act 303, s.105Act 303, s.83Surah al-Baqarah 2:233

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Question 53

The deceased left a mother, a wife and children. What is the mother's share?

Accepted Answer

The deceased's mother receives one sixth (1/6) when the deceased leaves children, according to the Quran.
Allah says: for each of the parents a sixth of what is left if the deceased has children (an-Nisa' 4:11). In this example, the wife receives one eighth because there are children (4:12), the mother one sixth, the father (if alive) one sixth, and the remainder goes to the children, a son receiving twice a daughter's share. The Prophet ﷺ said: give the fixed shares to those entitled, and what remains to the nearest male relative (Sahih al-Bukhari 6732). Many families forget that the deceased's mother is an heir; make sure she is listed in the estate application. The exact calculation must be confirmed by the court or the estate office. See Faraid.

Surah an-Nisa' 4:11Surah an-Nisa' 4:12Sahih al-Bukhari 6732

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Question 54

The deceased had no children and both parents had died. Who inherits besides the wife?

Accepted Answer

This situation is called kalalah: after the wife's share (one quarter, as there are no children), relatives such as siblings inherit as the Quran sets out.
Allah explains kalalah in an-Nisa' 4:12 (for maternal siblings) and 4:176 (for full or paternal siblings): one sister receives half, two or more receive two thirds, and if there are brothers and sisters, a brother receives twice a sister's share. Maternal siblings receive a sixth for one, or a third shared equally if more. If there are no siblings, the remainder goes to the next agnatic heirs such as nephews through brothers or paternal uncles. Combinations of heirs can be complex, so ask the Syariah Court or the estate office for an official calculation. See Faraid and the question on a wife with no children.

Surah an-Nisa' 4:12Surah an-Nisa' 4:176Sahih al-Bukhari 6732

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Question 55

The deceased left only daughters. Do his brothers also inherit?

Accepted Answer

Yes, under faraid: a single daughter receives half, two or more receive two thirds, and the remainder after the shares of the wife and parents goes to the nearest male agnatic heirs such as the deceased's father or brothers.
Allah sets the daughters' shares in an-Nisa' 4:11, and the Prophet ﷺ said: give the fixed shares to those entitled, and what remains to the nearest male relative (Sahih al-Bukhari 6732). Many parents with only daughters worry about this. Options permitted during one's lifetime include a valid and fair gift (hibah) of assets to the daughters, waqf, or takaful planning; but a bequest to an heir is not valid without the other heirs' consent. Plan early and get advice from a qualified Islamic estate planner. See Managing an estate.

Surah an-Nisa' 4:11Sahih al-Bukhari 6732Surah an-Nisa' 4:7

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Question 56

The deceased's estate has gone undivided for years. What are the consequences, and is it a sin?

Accepted Answer

Delaying division without reason can wrong the heirs, especially orphans and widows, and often causes disputes and neglected property; settle it as soon as possible after debts and the bequest.
Allah gives a stern warning to those who consume orphans' property unjustly (an-Nisa' 4:10), and affirms that the heirs' shares are His decree (4:11). Common effects of delay: heirs die before division so estates pile up in layers, documents are lost, land is pawned or encroached on, and family ties weaken. Steps: gather the death and property documents; determine the right channel — the land office, Amanah Raya or the High Court depending on the type and value of property; obtain a faraid certificate from the Syariah Court; and appoint a trustworthy administrator. If heirs disagree, use mediation or the court. See Managing an estate.

Surah an-Nisa' 4:10Surah an-Nisa' 4:11Surah an-Nisa' 4:13

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Question 57

A disobedient child who did not care for their parents — do they still inherit?

Accepted Answer

Yes. Disobedience to parents is a major sin, but it does not cancel the right to inherit; the only bars to inheritance are difference of religion, killing the deceased and slavery.
Allah sets each child's share in an-Nisa' 4:11 without tying it to conduct. The Prophet ﷺ said that a Muslim does not inherit from a disbeliever, nor the reverse (Sahih al-Bukhari 6764), and scholars add that a killer does not inherit from the one he killed. Parents cannot deny a child's share by bequest, since a bequest to an heir or beyond one third needs the heirs' consent. A lifetime gift to the child who cared for the parents is allowed if it is not intended to wrong the other children and is made fairly. Disobedience will still be answered for before Allah (al-Isra' 17:23). See Faraid.

Surah an-Nisa' 4:11Sahih al-Bukhari 6764Surah al-Isra' 17:23

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Question 58

The eldest brother has taken control of the estate and refuses to divide it. What can be done?

Accepted Answer

The other heirs are entitled to claim their shares; start with family negotiation, then the estate office or court if needed.
Allah affirms that men and women each have a share of what parents and relatives leave, little or much, as an appointed share (an-Nisa' 4:7), and warns those who transgress the limits of inheritance (4:14). The eldest son has no greater right than his siblings in faraid; if he manages the property, he is a trustee. Steps: ask for a list of the assets and statements; propose division according to the faraid certificate; if that fails, apply to the small estates office, Amanah Raya or the High Court depending on the type of property, which can appoint an administrator. Keep records of communications. Avoid open hostility for the sake of a surviving mother and the nephews and nieces. See Managing an estate.

Surah an-Nisa' 4:7Surah an-Nisa' 4:14Surah an-Nisa' 4:58

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Question 59

May someone gift all their property during their lifetime to one child so that it is not divided by faraid?

Accepted Answer

A lifetime gift (hibah) is valid if it meets its conditions and is handed over, but using it to unjustly deny other heirs their rights is condemned, and the Prophet ﷺ required fairness between children in gifts.
When a Companion gave a gift to only one child, the Prophet ﷺ said: fear Allah and be fair between your children, and refused to witness it (Sahih al-Bukhari 2587). Allah also tells those dividing wealth to be mindful of weak offspring (an-Nisa' 4:9). A reasonable gift is for a reasonable need, such as a child who cares for the parents, a child with a disability, or a wife without protection, weighed fairly. A gift not handed over in life, or made during a terminal illness, can be challenged. Document it with a lawyer or estate planner. See the question on gifts to children.

Sahih al-Bukhari 2587Surah an-Nisa' 4:9Surah an-Nisa' 4:11

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Question 60

When can a grandparent obtain custody of a grandchild?

Accepted Answer

When the mother is unqualified or absent, custody passes in a set order, with the maternal grandmother usually first, followed by the paternal grandmother and others; the court weighs the child's welfare.
Act 303 s.81 names the mother as most entitled, followed by a list of relatives including the maternal grandmother, the father, the paternal grandmother and others, subject to the qualifications in s.82. The underlying principle is affection and ability to care, since every guardian is a trustee (Sahih al-Bukhari 893). Grandparents raising a grandchild with the parents' agreement can also apply for an order so their position is formal, for example for school and hospital matters. The father must still pay maintenance even if the child is cared for by grandparents. See Custody & lineage.

Act 303, s.81Act 303, s.82Sahih al-Bukhari 893

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Question 61

Can DNA testing be used to establish a child's lineage?

Accepted Answer

DNA can assist the court in lineage disputes within a valid marriage, but it cannot attribute a child of zina to the man who fathered them, because lineage in Islam follows lawful marriage.
The Prophet ﷺ ruled that the child belongs to the owner of the bed, the lawful husband, and the fornicator has no right (Sahih al-Bukhari 6749). Act 303 s.110 to s.114 govern lineage based on the timing of birth after the contract and acknowledgment (iqrar). A husband denying a child within marriage uses the liʿan procedure, not DNA alone. In cases such as babies switched in hospital or identifying disaster victims, DNA is very helpful. Consult a Syariah lawyer if there is a dispute, and avoid accusing a spouse without proof. See the question on a child's lineage.

Sahih al-Bukhari 6749Act 303, s.110Act 303, s.114

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Question 62

The deceased owned property abroad. Is it divided by faraid or by that country's law?

Accepted Answer

Religiously, Muslim heirs must divide the estate according to faraid; legally, immovable property is usually subject to the law of the country where it is located, so the process must follow that system.
Allah calls the faraid shares limits that must not be transgressed (an-Nisa' 4:13–14). In many Western countries, without a valid will made there, property is divided by local rules that differ from faraid. So Muslims who own property or live abroad are encouraged to make a will that is valid in that country and consistent with faraid. If property has already passed under local law, the heirs may voluntarily rearrange the division among themselves to match faraid. Get lawyers in both countries. See the question on wills in Western countries.

Surah an-Nisa' 4:13Surah an-Nisa' 4:11Sahih al-Bukhari 2738

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Question 63

The deceased's personal belongings such as clothes, watches and jewellery — must they be divided by faraid, or can they be given away in charity at once?

Accepted Answer

All of them are part of the estate belonging to the heirs; they may only be given away after all adult heirs agree, and the share of heirs who are minors may not be given away.
Allah says heirs have a share of what is left, little or much (an-Nisa' 4:7) — including small items. The custom of giving away the deceased's clothes soon after the death is well-meant, but if there are young orphans, their rights must be protected, since consuming orphans' property unjustly carries a stern warning (4:10). Valuable jewellery, watches and phones are usually included in the list of assets. A simple approach: list the items, give a rough value, and let the adult heirs agree in writing on what is given away or kept as a memento. See Managing an estate.

Surah an-Nisa' 4:7Surah an-Nisa' 4:10Surah an-Nisa' 4:11

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Question 64

May the cost of a tahlil feast for the deceased be taken from the estate before it is divided?

Accepted Answer

Reasonable funeral costs may be taken from the deceased's property; but later feasts are not obligatory and may not be taken from the estate without the adult heirs' agreement, especially if some heirs are minors.
The order for dealing with the deceased's property is funeral costs, debts, the bequest (up to one third) and then faraid (an-Nisa' 4:11–12). A memorial feast is a custom on which scholars hold different views, and it is not part of the funeral costs. Orphans' property may not be used for such purposes (an-Nisa' 4:10). If the family wishes to hold a prayer gathering, use family members' own money or contributions, and keep it modest. Charity for the deceased is better given to those in need. See the order of settling the deceased's affairs.

Surah an-Nisa' 4:11Surah an-Nisa' 4:12Surah an-Nisa' 4:10

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Children, inheritance & global

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