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Everything which is owned by a Muslim at the time of death (movable and
immovable properties, jewellery, clothes, cash, loans given by the deceased
and everything else, big or small) comes under the deceased's estate. |
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When a
Muslim dies,
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1. |
the
first consideration is payment of funeral expenses for shrouding and
burying the deceased. |
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2. |
Then,
the deceased's debts are to be repaid according to merit. |
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3. |
After
expenses and debts have been paid that the bequests can be taken into
consideration. This will be up to a third of the estate. The remaining
two thirds are distributed according to Syariah Law. |
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4. |
Bequests can be made to relatives, friends, people in need or public
welfare, so long as the beneficiaries are not entitled to a fixed share
under the Syariah Law. |
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5. |
A
bequest can be made by a Muslim to a non-muslim, but not to anyone or
anything that opposes Islam. |
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6. |
In
the event that the deceased bequests more than a third of his estate, it
can still be effected provided all who are entitled to a fixed share
from the remaining two thirds of the estate agree to a corresponding
reduction in their respective shares. |
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The
remaining two thirds - even though the beneficiaries' entitlement are fixed
under Syariah Law, a Muslim is allowed to state in the Will that specific
items to be given to certain relatives, provided the value of any such items
does not exceed the value fixed by the Syariah. Other beneficiaries'
agreement must be given to a corresponding reduction in their shares if that
item is worth more than allotted share. |
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If the
deceased had no debts to pay, nor did he make any bequests, whatever estate
he has after payment of funeral expenses will go to the beneficiaries
according to entitlement under the Syariah Law. |
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If there
are no beneficiaries or if all of them have predeceased the deceased, the
estate will go automatically to the Baitulmal
(a public fund maintained by Syariah Law). |
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A Muslim
may alter the prescribed shares during his/her lifetime by giving outright
gifts or create a Trust. |
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