Faraid: Islamic Inheritance Law in Malaysia

When a Muslim dies in Malaysia, their property does not necessarily pass to the closest or most needy heir — it is distributed according to fixed shares that have been determined by Syarak. This system is known as faraid, and it is the default method for a Muslim’s estate unless all the heirs agree to another arrangement.

What is faraid?

Faraid is the system of estate distribution in Islam that determines who the entitled heirs are and how much each one receives. It is guided by the fixed shares set out in the Quran and Hadith, which are then translated into administration through the Syariah Court in each state.

Heirs under faraid fall into two main groups:

• Ashabul furud — heirs who receive a fixed share (furud), for example the husband, wife, mother, father and daughters.
• Asabah — heirs who receive the remainder of the estate after the fixed shares have been distributed, for example the son. If any surplus remains after the ashabul furud have taken their shares, the asabah inherit that surplus.

If the deceased has no entitled heirs at all, the estate is generally surrendered to the Baitulmal as trustee. (This method requires confirmation of a statutory reference; see the verificationNeeded note.)

How much does each heir receive?

The fixed shares in faraid are usually expressed as fractions: 1/2, 1/4, 1/8, 2/3, 1/3 and 1/6. The actual share of an heir depends on their relationship to the deceased and the presence of other heirs. The following table summarises some basic cases as set out by the licensed trustee as-Salihin:

Heir	With children	Without children
Husband	1/4	1/2
Wife	1/8	1/4
Father	1/6	Asabah (remainder)
Mother	1/6	1/3 (in certain circumstances)
Single daughter	—	1/2
Two or more daughters	—	2/3 (shared)

When there are sons, they inherit as asabah together with the daughters, with a son receiving twice the share of a daughter (a 2:1 ratio). This guide states the legal position descriptively and takes no stance on the merits of this ratio. This principle is the focus of various discussions: some parties link it to the maintenance responsibilities borne by men under the Islamic family framework, others discuss its application in the current social context, while some scholars examine how instruments such as hibah and wasiat are used for estate planning. These views are noted as a matter of their existence, not as an endorsement of any side.

What happens before the estate is distributed?

Faraid is not calculated on the entire gross estate. Several matters must be settled first:

1. Funeral management costs — the expenses of managing and burying the deceased.
2. Debts — debts owed to Allah (such as outstanding zakat) and debts owed to people.
3. Bequests — a bequest to a non-heir is generally limited to one-third of the estate, and only the remainder is then distributed according to faraid.

Only then is the balance of the net estate distributed to the heirs according to the faraid shares.

Which bodies administer the estate?

Although faraid determines the shares, carrying out the distribution involves different administrative bodies depending on the value and type of property. According to the Official Portal of the Government of Malaysia:

• Small estate — property valued at not more than RM5 million at the date of application (movable property only, immovable property only, or both). Handled by the Department of Director General of Lands and Mines (JKPTG) or Amanah Raya Berhad.
• Summary estate — movable property only valued at RM600,000 or below (for example bank money, ASB, EPF). Handled by Amanah Raya Berhad.
• Large estate — property exceeding RM5 million (or involving a valid will), handled by the Civil High Court.

For Muslims, the Syariah Court confirms the list of entitled heirs and their respective shares under faraid through a Faraid Order, before the estate can be claimed from the relevant agencies.

The operative limit for a small estate is now RM5 million, as listed on the Official Portal of the Government of Malaysia. This limit was raised from RM2.5 million through an amendment to the Small Estates (Distribution) Act 1955. According to the law firm Skrine, the amendment received royal assent on 19 January 2022 and will come into force on a date appointed by the Minister; Skrine’s note (March 2022) states that the amendment had not yet come into force at the time of writing. The amendment was also reported to expand the definition of “property” to include movable property alone — no longer requiring the existence of immovable property.

How does faraid differ from non-Muslim law?

Faraid applies specifically to Muslims. For non-Muslims who die without a will, the distribution of the estate is governed by the Distribution Act 1958 (Act 300), not by faraid.

Aspect	Faraid (Islam)	Distribution Act 1958 (non-Muslim)
Source of shares	Prescribed by Syarak (fixed shares)	Statutory formula
Confirmation of heirs	Faraid Order, Syariah Court	High Court / Land Office
Ratio between children	Son 2 : daughter 1	Equal between children
Bequest to a non-heir	Generally limited to 1/3	Free through a valid will (Wills Act 1959)

This difference means that two families with a similar arrangement of heirs may receive different distributions purely because of the legal framework that applies. For Muslims who wish to carry out additional planning, instruments such as hibah (a gift made during one’s lifetime) and wasiat (within the permitted limits) are often discussed as complements to faraid, not replacements.

A brief example

Suppose a Muslim man dies leaving a wife, a son and a daughter, with no debts or bequests. The wife receives a fixed share of 1/8 because there are children. The remaining 7/8 is then divided between the son and the daughter as asabah, with the son receiving two shares for every one share of the daughter. The actual calculation in each case must still be confirmed through the Syariah Court, because the presence of other heirs (such as the deceased’s parents) can change the shares.

What’s next

Faraid is a topic that touches on religion and family, so general information does not replace specific advice. The usual steps for heirs include:

• Obtaining the death certificate and listing all movable and immovable property.
• Applying for a Faraid Order at the Syariah Court to confirm the heirs and their shares.
• Making an application for distribution through the Land Office (MyLand portal), Amanah Raya Berhad, or the High Court depending on the value and type of property.
• Consulting a Syarak adviser or a Syarie lawyer for cases involving multiple heirs, jointly acquired property (harta sepencarian), or hibah and wasiat planning.

Note: This is an AI-assisted draft that requires human review. Its content is general information and not legal advice or Syarak advice.