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🌍 Children, inheritance & global · #29

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

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.

Sources

Surah an-Nisa' 4:29Surah an-Nisa' 4:11
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Related questions

I am a convert; can I inherit from my non-Muslim parents?According to the majority of scholars, including the Shafi'i school, a convert does not inherit by faraid from non-Muslim parents, and…Can 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 daught…How much of one's estate may 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, …What must be settled first before the deceased's estate is divided by faraid?The deceased's property cannot be divided straight away; there is an order that must be followed. First, the reasonable funeral costs.…The deceased left only daughters. Do his brothers also inherit?Yes, under faraid: a single daughter receives half, two or more receive two thirds, and the remainder after the shares…The eldest brother has taken control of the estate and refuses to divide it. What can be done?The other heirs are entitled to claim their shares; start with family negotiation, then the estate office or court…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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