Overview
Muslim estates are distributed according to Faraid rules, but planning instruments such as Wasiat, hibah, wakaf, and harta sepencarian may be considered depending on the situation.
Wasiat and Faraid considerations
A Wasiat is a declaration made during a person’s lifetime concerning property or benefits to be carried out for charity or other purposes permissible by Islamic law after death.
Assets of Muslims who die without Wasiat are divided among heirs according to Faraid. Spouse, parents, and legitimate Muslim children are never excluded, while adopted children, illegitimate children, foster parents, and some grandchildren may not automatically be heirs.
A Muslim may request up to one-third of assets for loved ones or charity where made in accordance with Syariah.
Planning options
Wasiat may not be the only instrument. Depending on the wishes and family situation, other tools such as hibah, wakaf, and declaration of harta sepencarian may be reviewed with Islamic estate planning specialists.
Next step
The right structure depends on family relationships, assets, liabilities, nominees, beneficiaries, and business interests. A consultation helps confirm which document or trust arrangement is suitable.