Distribution (Faraid)
Faraid is the division of the estate of the Deceased based on the Islamic laws of succession and distribution. This distribution (faraid) is divided into two categories:
a) Immovable property such as land and a house; and
b) Movable property including, bank savings, shares, EPF, Tabung Haji, insurance, cooperatives, vehicles, jewellery, and etc.
The determination of distribution is issued in the form of a Faraid Certificate
Conditional Rate of Distribution for Each Beneficiary:
| 1. | Portions Obtained | The Deceased’s Husband |
| 1/2 | Does not have children OR does not have grandchildren from sons | |
| 1/4 | Has children OR grandchildren from sons | |
| 2 | Portions Obtained | The Deceased’s Wife |
| 1/4 | No children OR no grandchildren from sons | |
| 1/8 | Has children OR grandchildren from sons | |
| 3 | Portions Obtained | The Deceased’s Daughter |
| 1/2 | Only one daughter AND no son | |
| 2/3 | 2 daughters OR more AND no sons | |
| Asabah bi-Ghairih | Has a son, receives half of the son’s share | |
| 4 | Portions Obtained | Granddaughter of the Deceased’s Son |
| 1/2 | Has only one granddaughter AND no children | |
| 2/3 | 2 granddaughters OR more AND no children | |
| 1/6 | Has one OR more if inclusive of a daughter | |
| Asabah bi-Ghairih | Has a grandson, receives half of the grandson’s share from the son | |
| Blocked | Has a son OR 2 daughters or more | |
| 5 | Portions Obtained | The Deceased’s Father |
| 1/2 | Has a son OR a grandson from a son | |
| 1/6 and Asabah | Has a daughter OR granddaughter from a son | |
| Asabah | No children OR grandchildren from sons | |
| 6 | Portions Obtained | The Deceased’s Mother |
1/6
| Has children OR grandchildren from sons OR have two biological siblings (same parents) OR sibling from same father | |
1/3
| Not having children or grandchildren from sons OR not having two biological siblings (same parents) OR sibling from same father | |
| 1/3 of the balance | Has a father and husband OR wife | |
| 7 | Portions Obtained | The Deceased’s Grandfather |
| Same as the Father | Only receives a share if there is no father | |
| 8 | Portions Obtained | The Deceased’s Female Sister (Same Parents) |
| 1/2 | No children, grandchildren, father AND no heirs make it Asabah | |
| 2/3 | Two or more people with the condition that there are no children, grandchildren, father AND members who make it Asabah | |
| Asabah | Has a biological brother OR grandfather | |
| Blocked | There is a father, OR a son or a grandson from a son | |
| 9 | Portions Obtained | The Deceased’s Biological Sister (Same Father) |
| 1/2 | Only one person, no children, grandchildren, siblings, father AND no members make it Asabah | |
| 2/3 | Two or more people with the condition that there are no grandsons, biological brothers, father AND no members make it Asabah | |
| 1/6 | One or more biological sister (same parents) | |
| Asabah | Due to biological brother (same father) OR grandfather | |
| Blocked | Father, two or more biological sisters, one biological sister and having daughters and granddaughters, biological brothers | |
| 10 | Portions Obtained | The Deceased’s Biological Sister (Same Father) |
| 1/6 | Only one, no father, grandfather AND no children OR grandchildren from sons | |
| 1/3 | Two or more people, no father, grandfather AND no children OR grandchildren from sons | |
| Blocked | There are fathers, grandfathers, children and grandchildren from sons |
*Referenced sources:
- Book of Entering the Gate of Marriage
- Book of Islamic Family Law in Malaysia by Dato’ Haji Ismail Yahya
- Website: e-munakahat
- Website: Penang Department of Islamic Religious Affairs (JAIPP)
- Website: Legal Aid Department
- Website: Penang State Sharia Justice Department
- Website: Sister in Islam