Islamic Will (Wasiat): Faraid, Malaysian Law & How to Create One
Reviewed quarterly and updated for major content changes.
In Malaysia, faraid inheritance shares apply to every Muslim's estate by default, certified through the Syariah courts. A wasiat does not change those shares; it handles what faraid leaves open: the one-third you may direct to charity or non-heirs, guardianship wishes for minor children, and the documentation that prevents family disputes. This guide covers the Quranic shares, what a valid wasiat requires in Malaysia, and how estate administration works in practice.
Quick Answer
In Malaysia, faraid (Quranic inheritance shares) applies to a Muslim's estate automatically, certified by the Syariah courts. A wasiat (Islamic will) can direct up to one-third of the net estate to charity or non-heirs, name a wasi (executor), record guardianship wishes, and document assets, but it cannot change heirs' fixed shares. The Wills Act 1959 does not apply to Muslims; trustee companies like AmanahRaya, as-Salihin, and Wasiyyah Shoppe provide professional wasiat services.
Key Takeaways
- Faraid applies by default in Malaysia; the Syariah courts certify heirs' fixed shares
- The wasiat covers at most one-third of the net estate, for charity or non-heirs only
- Bequests to existing heirs or beyond one-third need the other heirs' consent after death
- The Wills Act 1959 does not apply to Muslims; a wasiat operates under Islamic law
- Heirs collect assets via a faraid certificate plus administration through JKPTG, AmanahRaya, or the High Court
- Use a trustee company or Syariah lawyer for property disputes, business shares, or heirs abroad
Faraid Inheritance Shares
These are the primary Quranic shares (from Surah An-Nisa 4:11-12). Actual distribution depends on which heirs survive the deceased. When multiple categories are present, the calculation becomes complex, and Malaysian Syariah courts and practitioners work from the full faraid rules rather than summaries.
| Heir | Condition | Share |
|---|---|---|
| Husband | Wife has no children | 1/2 |
| Husband | Wife has children | 1/4 |
| Wife | Husband has no children | 1/4 |
| Wife | Husband has children | 1/8 |
| Son | With other heirs | Residuary (asaba) |
| Daughter | No son, one daughter | 1/2 |
| Daughter | No son, two+ daughters | 2/3 (shared) |
| Father | Deceased has children | 1/6 |
| Mother | Deceased has children | 1/6 |
| Mother | No children, no 2+ siblings | 1/3 |
How to Create an Islamic Will
Inventory your assets
List property (with title details), bank accounts, shares and funds, EPF and Tabung Haji balances, business interests, vehicles, gold, and debts owed to and by you. Most inheritance disputes in Malaysia are disputes about what existed.
Identify your legal heirs
Faraid-eligible heirs are your spouse, children, parents, and in some cases siblings. Their fixed shares apply to Muslim estates by default; your will does not change them.
Decide your one-third wasiat
You may direct up to one-third of your net estate to charity or to people who are not already heirs. Bequests beyond one-third, or to existing heirs, need the other heirs' consent after death.
Record guardianship and administration wishes
State who should care for minor children and who should administer your affairs. Naming a wasi (executor), often a trustee company, speeds up administration considerably.
Execute the will properly
Sign the document in the presence of two witnesses who also sign. Professional wasiat services from trustee companies include custody, so the document is findable when needed.
Review with a lawyer and keep it findable
Have a Syariah-qualified adviser or trustee company confirm the one-third limit and execution are correctly handled, then tell your family where the wasiat and asset documents are kept. Review after marriages, births, deaths, and major purchases.
Learn More About Inheritance in Malaysia
Our estate planning hub covers faraid in depth, faraid certificates, hiba (lifetime gifts), and when to engage a lawyer.
Halal Finance Score
An Islamic will matters. So does everything else. Check your full score.
Average score: 63/100
Important: HalalWallet provides educational information and comparisons to help you explore halal financial options. We do not provide financial, legal, or religious advice. Product structures and Shariah compliance oversight vary by provider. Always verify halal compliance directly with providers and consult with qualified Islamic finance advisors or scholars for guidance on specific products and your individual circumstances.
Frequently Asked Questions
Frequently Asked Questions
Sources and review process
This page is reviewed against HalalWallet editorial standards and source documentation.
Reviewed by: HalalWallet Editorial Team
Last reviewed: 2026-08-03
How to cite this page
Preferred format:
For time-sensitive claims (rates, fees, state availability), please verify directly with the provider's official documentation and note the retrieval date.