Islamic law of succession: a practical guide to the laws of faraid. 3rd ed.

• Main Author: Mohd Salim, Wan Noraini
• Format: Book
• Language: English
• Published: CLJ Malaysia Sdn. Bhd. 2022
• Subjects: K720 Property Law; KZ Law of Nations
• Online Access: http://irep.iium.edu.my/113907/6/113907_%20Islamic%20law%20of%20succession.pdf; http://irep.iium.edu.my/113907/; https://www.cljlaw.com/

The Holy Prophet Muhammad (peace be upon him) said in a hadith ‘Learn faraidh and teach it to the people because it is half the useful knowledge and can be easily forgotten. It is the first thing lifted from my people.’1 Unfortunately, many Muslims do not realise the meaning and the significance that the Prophet had tried to convey in this hadith. They have known the word faraidh and adopt it in the distribution of property on death of a Muslim. Still, many Muslims have doubts in faraidh. Due to lack of knowledge of many basic but fundamentally important aspects in this regard, disputes in matters of estates and inheritance are an almost daily occurrence. Family bond shatters because of disputes on a small plot of land or a few thousand ringgit of cash. Faraidh is criticised as being unjust to women since it favours men in term of the portion of inheritance they receive. Alternatives to faraidh are looked for to provide better provision for daughters and wives. Consequently, Muslims in Malaysia have been introduced with estate planning products termed as hibah trust or amanah hibah that combines two concepts of Islamic law of succession; hibah and wasiyyah. Banks, financial institutions and legal firms race each other to come with Shari’ah-compliant products in estate planning for Muslims in Malaysia. Those who are well known in Shari’ah and excellent in Arabic are called on as panels to study, examine and endorse any new policy and products of the banks and other financial institutions. They are listed as experts in the Shari’ah Panels of the respective institutions and are well paid. This book aims at explaining the importance and significance of faraidh in Islam and the concept of distribution of estates of deceased Muslims in Malaysia. Illustrations and examples on the distribution according to faraidh are also provided as guidelines. It is hoped that the book will add to the scholarly resources in the law of succession in Malaysia and will benefit all Muslims in term of basic knowledge of the law.