Faraid Distribution Checklist: What Heirs Should Prepare and Check

Before any faraid share is paid out, heirs need to do more than work out fractions. In practice you have to confirm who all the heirs are, list every asset and debt, pay the funeral costs and debts, carry out any valid wasiat (Islamic will), deal with claims such as harta sepencarian (jointly acquired matrimonial property), obtain a faraid certificate from the Syariah Court where one is needed, and get legal authority to administer the estate. Only then can property be transferred into the heirs' names. This checklist walks you through each step in order.

Faraid is the Islamic law of inheritance that fixes how a deceased Muslim's estate is shared among the rightful heirs. The shares themselves are set by Islamic law, but getting the estate to the point where those shares can actually be paid or transferred is a legal and administrative process. Missing a step, or doing them in the wrong order, is one of the most common reasons estates stay stuck for years.

Why heirs need a checklist

Faraid tells you how much each heir is entitled to. It does not by itself give anyone the power to withdraw money from a bank, sell a car or transfer a house. That power comes from a separate administration process, through the Land Administrator for a small estate or through the High Court for a larger or more complex one.

A checklist helps you:

• avoid leaving out an heir, which can make a distribution open to challenge later

• avoid distributing assets before debts are paid

• collect the documents the Syariah Court and the administering authority will ask for

• spot early the issues that often cause family disputes, such as jointly owned property or an alleged gift made before death

Checklist 1: Documents about the deceased and the family

Start by collecting the basic documents. Most applications, whether at the Syariah Court, the Land Administrator or the High Court, ask for the same core papers.

• The death certificate or burial permit of the deceased

• A copy of the deceased's identity card

• Identity cards or birth certificates of every heir

• Marriage and divorce certificates of the deceased (including any earlier marriages)

• Death certificates of any family member who died before the deceased, such as a parent, spouse or child, because this affects who inherits

• Contact details and addresses of all heirs, including those living overseas

Keep original documents safe. Courts usually ask to see the originals when an affidavit is sworn, and copies are filed with the application.

Checklist 2: Identify every heir correctly

This is the step families most often get wrong. In faraid, heirs are generally grouped into three categories:

• Ashab al-furud (fixed-share heirs): heirs whose shares are fixed by Islamic law, such as the husband or wife, the mother, the father in some situations, and daughters in some situations.

• Asabah (residuary heirs): heirs who take what is left after the fixed shares are paid, such as a son. A daughter can also become a residuary heir together with a son.

• Dhawil arham (distant relatives): relatives who are neither fixed-share nor residuary heirs, such as a daughter's children. They usually inherit only where there are no heirs in the first two groups.

These categories are not a split between male and female relatives. Women appear in the fixed-share group and can also inherit as residuary heirs.

Whether a particular relative inherits, and how much, depends on who else survives the deceased. A brother, for example, may inherit in one family and be excluded in another. This is why the Syariah Court confirms the list of heirs and their shares before the estate is distributed.

Check the following carefully:

• Are there children from more than one marriage?

• Did any heir die after the deceased but before distribution? Their share then passes into their own estate.

• Are any heirs minors or persons without full mental capacity? Their shares need to be protected and handled through a guardian or trustee.

Checklist 3: List every asset

Make a full inventory of what the deceased owned at the date of death. For each item, note the documents that prove ownership and its approximate value.

A note on EPF savings: for a Muslim member who made a nomination, the EPF states that the nominee acts as a wasi (administrator) who must distribute the savings to the rightful heirs under Islamic law. Where there is no nomination, the savings are claimed by the family or the estate administrator under the EPF's rules and dealt with as part of the estate. Either way, EPF money is still relevant to faraid, so include it in your list.

Also note any assets the deceased said were already given away during their lifetime (hibah) or jointly acquired with a spouse. These may be claimed as not forming part of the faraid estate, and they need to be resolved first.

Checklist 4: Settle what must be paid before faraid

Under Islamic law, the estate is not distributed until certain obligations are met. The general order is:

1. Funeral costs of the deceased.

2. Debts, including amounts owed to individuals and institutions, and outstanding zakat.

3. A valid wasiat, which can only take effect up to one third of the net estate (what is left after funeral costs and debts). A wasiat in favour of an heir takes effect only if the other heirs consent.

4. Faraid distribution of the balance to the heirs.

Collect loan statements, credit card statements and any written acknowledgements of debt. If a property is subject to a housing loan, check whether it was covered by mortgage reducing term assurance or takaful, because this affects how much of the loan remains.

Checklist 5: Resolve harta sepencarian and other claims

Harta sepencarian is property acquired jointly by a husband and wife during the marriage. A surviving spouse may claim a portion of such property before the balance is distributed by faraid. The claim is decided by the Syariah Court, and the amount depends on the contribution shown.

Other issues that should be settled before distribution include:

• a claim that the deceased made a hibah (lifetime gift) of a particular property

• a dispute over whether a wasiat is valid

• a disagreement over who the heirs are

Leaving these issues unresolved often causes the estate to stall later, when an heir refuses to sign or lodges an objection.

Checklist 6: Obtain the faraid certificate where required

A faraid certificate is issued by the Syariah Court. It sets out who the heirs of the deceased are and the share each heir is entitled to under faraid. It does not, on its own, transfer property or appoint anyone to administer the estate.

To apply, an heir (or a Syarie lawyer acting for them) files an application at the Syariah Court of the relevant state, supported by an affidavit and the family and asset documents listed above. Which court level hears the application, and the documents required, differ from state to state, so check with the Syariah Court registry before filing.

The authority handling the estate will tell you whether it needs a faraid certificate in your case.

Checklist 7: Understand how the shares work

Each heir's share depends on who else survives the deceased. A few common examples under faraid:

• A son receives twice the share of a daughter when they inherit together.

• The mother receives one sixth where the deceased left children (or two or more siblings), and one third otherwise.

• The husband receives one half if the deceased wife left no children, and one quarter if she did.

• The wife receives one quarter if the deceased husband left no children, and one eighth if he did. Where there is more than one wife, they share that portion equally.

These are only examples. The actual shares for your family are those stated in the faraid certificate or determined in the administration proceedings. Do not distribute on the basis of your own calculation.

Checklist 8: Get legal authority to administer the estate

Faraid shares can only be paid out or registered once someone has legal authority over the estate. The main routes are:

For more on the High Court route, read our guide to letters of administration in Malaysia. For the online small estate system, see MyLand Malaysia System: Digital Innovation in Land and Estate Management.

Checklist 9: Agree on how assets will be divided in practice

Faraid gives each heir a share, but many assets cannot simply be cut into pieces. A house is the usual example. Heirs commonly consider options such as:

• registering the property in the names of all the heirs according to their shares

• selling the property and dividing the proceeds according to faraid

• one heir buying out the shares of the others at an agreed value

Talk openly as a family and write down what has been agreed. Where heirs cannot agree, the Syariah Court (for questions of Islamic law) and the civil administration process (for dealing with the assets) can resolve the issues, but this takes longer and costs more.

Once distribution is agreed or ordered, land and houses must be transferred into the heirs' names. Our guide to changing the name on a land and house title after a death explains that final step.

Quick summary checklist

1. Collect the death certificate and family documents.

2. Identify every heir correctly, including heirs from earlier marriages.

3. List every asset, with ownership documents and values.

4. Pay funeral costs and debts, and give effect to any valid wasiat (maximum one third).

5. Resolve harta sepencarian, hibah and other claims.

6. Obtain the faraid certificate from the Syariah Court where required.

7. Confirm each heir's share from the certificate or order, not from your own estimate.

8. Obtain authority to administer the estate (small estate distribution or letters of administration).

9. Agree how each asset will be dealt with, then transfer or distribute.

How ASCOLAW can help

Faraid distribution usually involves both Islamic law questions and civil administration steps. ASCOLAW (Messrs Akmal Saufi & Co) can help you work out which administration route applies to the estate, organise the documents, and take the estate through the process of obtaining authority and transferring the assets to the heirs.

Fill in the ASCOLAW enquiry form below with a short description of the estate and the family, and our team will contact you.

Frequently asked questions

Can we divide the estate by faraid ourselves without going to any authority?

Heirs can agree among themselves, but banks, the EPF and land offices will not release or transfer assets above their own limits without proper authority. For land and houses, you will need a small estate distribution order or a grant from the High Court.

Do we always need a faraid certificate?

Not in every case. It depends on the administering authority and the circumstances of the estate. Ask the Land Administrator or the court handling the estate whether one is required.

Are debts paid before faraid shares?

Yes. Funeral costs and debts are paid first, then any valid wasiat up to one third of the net estate. Faraid applies to what remains.

What happens if one heir refuses to cooperate?

The process can still move forward, but it may take longer. The administering authority can hear the matter, and disputes over Islamic law questions, such as who the heirs are, can be decided by the Syariah Court.

Does faraid apply to EPF savings?

For a Muslim member, EPF savings are dealt with under Islamic law. If a nomination was made, the EPF treats the nominee as a wasi who distributes the money to the rightful heirs.

This article is general information only and is not legal advice. Faraid shares depend on the particular family and are confirmed by the Syariah Court or in the administration proceedings. Syariah Court procedure differs between states. The small estate process described here applies in Peninsular Malaysia; Sabah and Sarawak have their own procedures.

Related guides

• Letter of Administration in Malaysia

• Grant of Probate vs Letter of Administration in Malaysia: Which One Applies?

• MyLand Malaysia System: Digital Innovation in Land and Estate Management

• Simple Guide to Changing the Name on a Land and House Title After a Death

• ASCOLAW estate distribution service