Q&A › Children, inheritance & global
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Children, inheritance & global
Custody (hadhanah), lineage (nasab), faraid, Muslim minorities. Arranged by the most frequently asked questions.
🧭 Preparation & choosing a spouse💍 Proposal & engagement📜 The marriage contract🏡 Rights & responsibilities⚖️ Polygyny: rulings & justice🏛️ Polygyny: the law🤝 Existing & prospective wives🕊️ Conflict & resolution🚪 Divorce, ʿiddah & reconciliation🌍 Children, inheritance & global🧭 Regional & Middle East
1If a husband has four wives and dies, what is each wife's share of the estate?
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.
Surah an-Nisa' 4:12
2How long is a wife's ʿiddah when her husband dies?
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.
Difference between schools. All four schools agree that the ʿiddah of a pregnant widow ends with delivery; some Companions such as Ibn Abbas held that the longer of delivery and 4 months 10 days applies.
Surah al-Baqarah 2:234Surah at-Talaq 65:4
3Why does a son receive twice the share of a daughter in faraid?
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.
Surah an-Nisa' 4:11Surah an-Nisa' 4:34
4Do the children of the second wife inherit the same share as the children of the first wife?
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.
Surah an-Nisa' 4:11Sahih al-Bukhari 2587Sahih Muslim 1623
5What must be settled before the deceased's estate is divided by faraid?
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".
Surah an-Nisa' 4:11Surah an-Nisa' 4:12
6Can a widow claim jointly acquired matrimonial property (harta sepencarian) after her husband dies?
Yes. In Malaysia, a widow may file a claim for jointly acquired matrimonial property (harta sepencarian) in the Syariah Court before the estate is divided by faraid. Jointly acquired matrimonial property is property acquired together during the marriage through direct contributions (money, work) or indirect ones (running the household, caring for the children). The share decided by the court belongs to the widow, and only the remainder of the husband's property is divided as inheritance, in which the widow also receives her fixed share. In polygyny, each wife may claim for her own contribution, and the court assesses it on the evidence. Keep purchase documents and proof of contributions. Procedures differ by state, so refer to your state Enactment or a Syariah lawyer.
Act 303, s.122Surah an-Nisa' 4:32
7A child born less than six months after the marriage: can the child be named after the husband (bin/binti)?
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.
Difference between schools. The Hanafi school is broader in establishing lineage if the man married the mother before the birth; the Shafi'i school holds to the minimum of six months from the contract.
Surah al-Ahqaf 46:15Surah Luqman 31:14Surah al-An'am 6:164
8After divorce, who is entitled to custody of a young child, the mother or the father?
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).
Difference between schools. The Hanafi and Maliki schools extend the mother's custody (hadhanah) of a daughter until puberty or marriage; the Shafi'i and Hanbali schools give a child who has reached discernment (mumayyiz) the right to choose.
Sunan Abu Dawud 2276 (hasan)
9Once a child is a little older, can they choose to live with their mother or father?
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.
Difference between schools. The Hanafi school gives no choice; a son returns to his father once he is independent, and a daughter stays with her mother until puberty. The Maliki school keeps the mother's custody longer.
Narrated by Abu Dawud and at-Tirmidhi (sahih)
10After divorce, who must pay child maintenance and until when?
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. The mother may file a claim and an enforcement application in the Syariah Court. See child maintenance.
Surah al-Baqarah 2:233Surah at-Talaq 65:6Sahih al-Bukhari 5364Sahih Muslim 1714
11A polygynous husband: must he give equal maintenance (nafkah) for the children of each wife?
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.
Sahih al-Bukhari 2587Sahih Muslim 1623Surah at-Talaq 65:7
12A husband dies while his wife is still in the ʿiddah of a talaq: does she inherit?
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.
Difference between schools. For an irrevocable talaq pronounced during a terminal illness to deny inheritance (talaq al-farr), the Hanafi, Maliki and Hanbali schools give the wife the right to inherit; the later view (qaul jadid) of al-Shafi'i does not.
Surah al-Baqarah 2:228Surah al-Baqarah 2:234
13What may a widow not do during mourning (ihdad)?
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.
Sahih al-Bukhari 1280Sahih Muslim 1486Surah al-Baqarah 2:235
14May a working widow go out to work during the ʿiddah of death?
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.
Surah al-Baqarah 2:234Narrated by Abu Dawud and at-Tirmidhi (sahih)
15Can I make a will giving more to my second wife or to a particular child?
Secara asasnya, wasiat kepada waris tidak sah kecuali dipersetujui oleh waris-waris lain selepas kematian pewasiat. Rasulullah ﷺ bersabda: "Sesungguhnya Allah telah memberikan setiap yang berhak akan haknya, maka tiada wasiat untuk waris." Isteri dan anak adalah waris, jadi wasiat tambahan kepada mereka bergantung kepada persetujuan waris lain. Wasiat kepada bukan waris (contoh anak angkat, anak tiri, badan kebajikan) dibenarkan sehingga 1/3 harta. Jika ingin membantu ahli keluarga tertentu, pertimbangkan hibah semasa hidup yang diserahkan sepenuhnya, tetapi dengan niat yang adil dan bukan untuk menafikan hak waris lain. Lihat faraid.
Sunan Abu Dawud 2870 (hasan)Sahih al-Bukhari 2742Sahih Muslim 1628
16How much of one's property can be bequeathed?
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, Syariah lawyers or state religious bodies. Some states have their own Muslim wills Enactments.
Sahih al-Bukhari 2742Sahih Muslim 1628Surah al-Baqarah 2:180
17A husband wants to give the house to his first wife as a gift (hibah) during his lifetime. Is it valid?
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.
Surah an-Nisa' 4:4Sahih al-Bukhari 2587
18A father gives a house to only one child: is it a sin?
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.
Difference between schools. The Hanbali school requires fairness in gifts (hibah) to children (favouritism is forbidden); the Shafi'i, Hanafi and Maliki schools regard it as disliked (makruh) if without reason.
Sahih al-Bukhari 2587Sahih Muslim 1623
19Does an adopted child inherit from the estate?
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).
Surah al-Ahzab 33:4Surah al-Ahzab 33:5Surah an-Nisa' 4:23
20The mahr (dower) was not yet paid, then the husband died. What now?
Mahar yang belum dijelaskan adalah hutang suami yang wajib dibayar daripada harta pusakanya sebelum pembahagian faraid. Kematian mengesahkan mahar penuh walaupun perkahwinan belum disetubuhi, mengikut pendapat muktamad mazhab Syafi'i bagi mahar yang telah ditetapkan. Jika mahar tidak ditetapkan dalam akad, isteri berhak mendapat mahar mithl, berdasarkan keputusan Nabi ﷺ dalam kes Barwa' binti Wasyiq. Selepas mahar dibayar, isteri masih mendapat bahagian fardhunya sebagai balu. Bawa sijil nikah yang mencatat jumlah mahar ketika memohon perintah pusaka. Dalam poligami, mahar setiap isteri yang tertunggak dibayar sebagai hutang berasingan.
Perbezaan mazhab. Mazhab Hanafi, Maliki dan Hanbali juga mengesahkan mahar penuh dengan kematian; perbezaan timbul bagi mahar yang tidak ditetapkan, di mana Maliki tidak mewajibkan mahar mithl jika belum bersetubuh.
Surah an-Nisa' 4:4Surah an-Nisa' 4:24Riwayat Abu Dawud dan at-Tirmidhi (sahih)
21The husband died before the marriage was consummated: must the wife still observe the ʿiddah?
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.
Surah al-Baqarah 2:234Surah al-Ahzab 33:49
22When may a widow remarry? Is there any other waiting period?
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 Ummu Salamah and Saudah 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.
Surah al-Baqarah 2:234Surah al-Baqarah 2:235
23A polygynous marriage in Thailand that was not registered: how do we register the child under the father's name?
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.
Act 303, s.123Surah al-Ahzab 33:5
24Does a non-Muslim (Christian) wife inherit from her Muslim husband?
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.
Sahih al-Bukhari 6764Sahih Muslim 1614Surah al-Ma'idah 5:5
25I am a convert: can I inherit from my non-Muslim parents' estate?
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.
Sahih al-Bukhari 6764Sahih Muslim 1614Surah Luqman 31:15
26My wife is my EPF (KWSP) nominee: does all that money belong to her?
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.
Surah an-Nisa' 4:11Surah an-Nisa' 4:12
27Takaful money after death: is it subject to faraid or does it belong to the beneficiary?
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 Syariah lawyer if in doubt.
Surah an-Nisa' 4:58Surah al-Ma'idah 5:1
28In Malaysia, where do I go to administer the deceased's estate?
Saluran bergantung kepada jenis dan nilai harta. Pusaka kecil (ada tanah, nilai di bawah had semasa) diuruskan di Unit Pembahagian Pusaka, JKPTG, di bawah Akta Harta Pusaka Kecil (Pembahagian) 1955. Harta alih sahaja yang bernilai rendah boleh melalui Amanah Raya Berhad. Harta bernilai tinggi atau yang melibatkan wasiat formal diurus melalui Mahkamah Tinggi Sivil (probet atau surat kuasa tadbir). Bagi orang Islam, Sijil Faraid daripada Mahkamah Syariah menentukan siapa waris dan bahagian masing-masing. Dalam poligami, semua isteri perlu disenaraikan dengan sijil nikah. Semak had nilai terkini di laman JKPTG atau Amanah Raya. Lihat faraid.
Surah an-Nisa' 4:7Surah an-Nisa' 4:58
29Can siblings agree to divide the estate equally instead of by faraid?
Boleh, dengan syarat semua waris yang terlibat sudah baligh, berakal dan reda tanpa paksaan, selepas masing-masing mengetahui bahagian sebenar mereka menurut faraid. Amalan ini dikenali sebagai muafakat atau takharuj: waris melepaskan sebahagian hak kepada waris lain secara sukarela. Hak waris yang masih kanak-kanak atau tidak sempurna akal tidak boleh dilepaskan; bahagian mereka mesti dijaga. Di Malaysia, persetujuan ini direkodkan semasa perbicaraan pusaka di unit pusaka, Amanah Raya atau mahkamah. Pastikan setiap balu dalam keluarga poligami juga hadir dan bersetuju; jangan biarkan sesiapa ditekan. Lihat faraid.
Surah an-Nisa' 4:29Surah an-Nisa' 4:11
30Does a grandchild whose father died first inherit from the grandfather?
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.
Surah al-Baqarah 2:180Surah an-Nisa' 4:8
31My late husband had no children: how much does the wife get and who takes the remainder?
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.
Surah an-Nisa' 4:11Surah an-Nisa' 4:12Sahih al-Bukhari 6732Sahih Muslim 1615
32When a wife dies, what is the husband's share of her estate?
Suami mendapat 1/2 harta pusaka isteri jika isteri tidak meninggalkan anak (atau cucu daripada anak lelaki), dan 1/4 jika ada anak, termasuk anak isteri daripada perkahwinan terdahulu. Harta isteri termasuk simpanan, emas, tanah dan bahagian harta sepencarian miliknya. Sebelum dibahagi, hutang isteri dan wasiatnya (jika ada) diselesaikan dahulu. Dalam poligami, hanya harta isteri yang meninggal itu diwarisi; madu tidak mewarisi daripada madunya kerana tiada hubungan pusaka antara mereka. Anak-anak isteri yang meninggal menjadi waris utama selebihnya. Lihat faraid.
Surah an-Nisa' 4:12
33If my co-wife dies, do I get anything from her estate?
Tidak. Tiada hubungan pusaka antara sesama madu kerana mereka tidak berkaitan melalui nasab atau perkahwinan antara satu sama lain. Harta madu yang meninggal diwarisi oleh suaminya, anak-anaknya, ibu bapanya dan waris lain mengikut faraid. Namun, anak-anak anda dan anak-anaknya adalah adik-beradik sebapa; jika salah seorang anak meninggal tanpa waris yang lebih dekat, adik-beradik sebapa boleh mewarisi. Sesama madu boleh saling memberi hadiah, atau seseorang boleh mewasiatkan sehingga 1/3 harta untuk madunya kerana dia bukan waris. Menjaga hubungan baik sesama madu sangat dituntut demi anak-anak. Lihat halangan pusaka.
Surah an-Nisa' 4:11Surah an-Nisa' 4:12Surah an-Nisa' 4:176
34Are children of different wives mahram to each other, and can they inherit from one another?
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.
Surah an-Nisa' 4:23Surah an-Nisa' 4:176
35How does Islam determine the father of a child born within marriage?
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 li'an 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 li'an. Lineage matters for inheritance, maintenance, guardianship (wali) and mahram status. See lineage (nasab).
Narrated by al-Bukhari and MuslimSurah an-Nur 24:6Surah al-Ahzab 33:5
36A husband denies that the child is his: what is the procedure in Islam?
Satu-satunya cara syarie bagi suami menafikan anak yang lahir dalam perkahwinan ialah li'an: suami bersumpah empat kali di hadapan hakim bahawa dia benar, dan kali kelima memohon laknat Allah jika berdusta; isteri boleh menolak dengan sumpah balas yang serupa. Kesannya, perkahwinan terputus selama-lamanya dan anak dinasabkan kepada ibu sahaja. Li'an mesti dibuat segera setelah mengetahui kehamilan atau kelahiran, bukan bertahun-tahun kemudian. Menuduh isteri berzina tanpa bukti adalah dosa besar. Di Malaysia, li'an hanya boleh dilakukan melalui Mahkamah Syariah. Pertimbangkan kaunseling dan nasihat guaman sebelum langkah ini. Lihat li'an.
Surah an-Nur 24:6Surah an-Nur 24:7Surah an-Nur 24:8Surah an-Nur 24:9
37The father has died: who manages the property of the young children?
Dalam mazhab Syafi'i, wali harta (wilayah al-mal) bagi anak yang belum baligh ialah bapa, kemudian datuk sebelah bapa, kemudian wasi yang dilantik oleh bapa atau datuk, dan akhirnya hakim (mahkamah) atau orang yang dilantiknya. Ibu tidak secara automatik menjadi wali harta, walaupun dia berhak menjaga anak (hadhanah); namun mahkamah boleh melantik ibu sebagai penjaga harta. Wali wajib menguruskan harta anak yatim dengan amanah dan menyerahkannya apabila anak dewasa dan matang. Al-Quran memberi amaran keras tentang memakan harta anak yatim secara zalim. Bapa digalakkan menamakan wasi dalam wasiatnya.
Perbezaan mazhab. Mazhab Hanafi meletakkan wasi bapa sebelum datuk; mazhab Maliki dan Hanbali tidak memberi wilayah harta kepada datuk melainkan dilantik.
Surah an-Nisa' 4:6Surah an-Nisa' 4:10
38Is a widow entitled to stay in her late husband's house during the ʿiddah even if the house is part of the estate?
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.
Differences between the schools. The Hanafi school does not require accommodation from the estate for the widow, but still requires her to observe the ʿiddah in her home; the Maliki school requires it if the house belonged to the husband.
Narrated by Abu Dawud and at-Tirmidhi (sahih)Surah al-Baqarah 2:234Surah at-Talaq 65:1
39My late husband had a bank loan: must his wife and children pay it?
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.
Surah an-Nisa' 4:11Surah an-Nisa' 4:12Narrated by at-Tirmidhi (hasan)
40Can you give an example of a faraid calculation: two wives, one son, one daughter?
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.
Surah an-Nisa' 4:11Surah an-Nisa' 4:12
41May a wife wash her husband's body, and a husband wash his wife's body?
In the Shafi'i school, both are permitted. Asma' binti Umais washed the body of her husband Abu Bakar, and Ali bin Abi Talib washed the body of Fatimah. A wife, including any wife in polygyny, may wash her husband even while she is in her ʿiddah, and a husband may wash his wife. However, priority in washing a man's body goes to the closest male relatives, and a woman's body to the closest female relatives, if the wife or husband does not wish to or cannot. Cover the deceased's ʿawrah and protect their dignity. A wife who has been divorced by an irrevocable talaq (ba'in) may no longer wash her former husband.
Difference between schools. The Hanafi school does not permit a husband to wash his wife's body because the marriage bond ends with death, but permits a wife to wash her husband during the ʿiddah.
Narrated by Malik in al-Muwatta'
42Married abroad: how do I register the marriage in Malaysia?
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.
Act 303, s.123Surah an-Nisa' 4:59
43Muslims in the UK or Australia: is a mosque marriage enough without civil registration?
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.
Surah an-Nisa' 4:21Surah an-Nisa' 4:59
44Living in a Western country: do I need to make an Islamic will?
Sangat perlu. Di kebanyakan negara Barat, jika seseorang meninggal tanpa wasiat (intestate), hartanya dibahagi mengikut undang-undang sivil yang berbeza daripada faraid; contohnya pasangan mungkin mendapat sebahagian besar harta, manakala ibu bapa atau adik-beradik tidak dapat apa-apa. Wasiat Islam yang disediakan dengan peguam tempatan boleh mengarahkan agar harta dibahagi mengikut faraid, dengan 1/3 untuk wasiat bebas. Namun, undang-undang tempatan mungkin membenarkan pasangan atau tanggungan menuntut peruntukan tambahan. Jika anda mempunyai lebih daripada seorang isteri (contoh perkahwinan dari luar negara), dapatkan nasihat khusus kerana pengiktirafan isteri kedua berbeza. Lihat Muslim minoriti di Barat.
Surah al-Baqarah 2:180Sahih al-Bukhari 2742Sahih Muslim 1628
45Does a second wife in a Western country inherit from her husband?
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.
Surah an-Nisa' 4:12Surah an-Nisa' 4:59
46Dying abroad: is it better to be buried there or brought home?
Sunnahnya ialah menyegerakan pengurusan dan pengebumian jenazah, berdasarkan hadis "Segerakanlah jenazah". Oleh itu, ramai ulama menganjurkan jenazah dikebumikan di tempat kematian jika ada tanah perkuburan Muslim dan pengurusan yang betul. Memindahkan jenazah ke negara lain dibenarkan oleh sebahagian ulama jika ada maslahat dan tidak menyebabkan jenazah rosak atau tertangguh terlalu lama, tetapi kosnya tinggi dan boleh melambatkan pengebumian. Kos jenazah diambil daripada harta pusaka sebelum hutang. Untuk Muslim Malaysia di luar negara, hubungi kedutaan dan persatuan Muslim tempatan. Pertimbangkan takaful yang meliputi kos jenazah.
Perbezaan mazhab. Mazhab Syafi'i memakruhkan memindahkan jenazah sebelum dikebumikan kecuali ke Makkah, Madinah atau Baitulmaqdis; mazhab lain lebih longgar jika ada maslahat.
Riwayat al-Bukhari dan Muslim
47If I (a widow) remarry, do I lose custody of my children?
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).
Difference between schools. The Hanbali school and some scholars do not end custody (hadhanah) if the child is in good care; Ibn Hazm does not end it at all.
Sunan Abu Dawud 2276 (hasan)
48My husband has died: who bears the maintenance (nafkah) of our orphaned children?
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).
Surah al-Baqarah 2:233Surah an-Nisa' 4:6Surah ad-Duha 93:9
49Can a wife whose marriage was not registered claim her husband's estate?
Jika nikah itu sah syarak, dia berhak mewarisi, tetapi dia mesti membuktikan perkahwinan di hadapan pihak berkuasa. Tanpa sijil nikah, Sijil Faraid tidak akan menyenaraikannya, dan waris lain mungkin menafikan kewujudannya. Langkah biasa: memohon pengesahan nikah di Mahkamah Syariah dengan bukti seperti saksi akad, wali, dokumen nikah luar negara, dan bukti hidup bersama. Proses ini lebih sukar selepas suami meninggal. Begitu juga anak-anaknya perlu membuktikan nasab. Pengajaran utama: jangan bernikah secara rahsia atau tanpa pendaftaran; ia menzalimi isteri dan anak. Lihat nikah tidak berdaftar.
Surah al-Baqarah 2:282Surah an-Nisa' 4:12Akta 303, s.123
50A former wife does not inherit, but do her children?
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.
Surah an-Nisa' 4:11Surah al-Baqarah 2:233
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