Wasiat for Muslims
What Is A Wasiat?
A Wasiat is a declaration of a person made during his lifetime with respect to his property or benefit thereof, to be carried out for the purposes of charity or for any other purposes permissible by Islamic Law, after his death. The assets of Muslims who die without Wasiat shall be divided rigidly amongst their heirs in accordance with the Faraid, i.e. the Islamic Law of Inheritance.
Heirs are specifically identified in Islam. A spouse, parents and legitimate children (provided they are Muslims) are never excluded from a deceased’s inheritance. Grand-children, for example, are not automatically regarded as heirs and would benefit only under certain circumstances. Those not regarded as heirs in Islam include, for example, adopted children, illegitimate children and foster parents.
It is, nevertheless, enjoined in Islam, for a Muslim to write a Wasiat and to make a bequest of one-third of his assets to his loved ones , be they Muslims or not, or to charity so long as it is made in accordance with the Syariah.
Bearing in mind what the Prophet S.A.W. said, as narrated by Abdullah bin Umar that
"It is not permissible for any Muslim who has something to Will to stay for two nights without having his Last Will and Testament written and kept ready with him"
How About Hibah?
Hibah is a gift of asset(s) made voluntarily by a donor during his/her lifetime to the beneficiary without any consideration.
With UBB Amanah, the asset is entrusted to the appointed trustee to be held for the benefit of the beneficiary(ies) for a certain period of time under a Hibah Deed executed by the donor and the beneficiary(ies) and a Trust Deed executed by the beneficiary(ies) and the trustee.
While Hibah can be performed by a Non-Muslim, the beneficiary can be a Muslim or Non-Muslim, an adult (mukallaf) or a minor who is capable of owning an asset(s). For a minor, a designated representative, executor (wasi) or guardian will accept and receive the Hibah asset(s) on its behalf.
Note: To use this table, the reader should first ascertain whether the deceased left a wife or husband, and if she or he survived, should look under the appropriate heading. Only in default of either should search be made under “sons and daughters”, “father and mother” and the rest, and then in the order given in the first margin. In each instance it is supposed that there are no nearer relations than those named.
1) Re Mutchilim  M.L.J. 25.
(2) The daughters in such case being residuaries with the son.
(3) The son’s daughters being residuary with the son’s son.
(4) An example of the doctrine of aul or increase.
(5) The mother gets 1/3 of ¾ (that is after deducting the wife’s share). This follows a decision of the Caliph Umar.
(6) The brothers and the sisters are residuaries.
(7) An example of aul.
(8) The son’s son and son’s daughter are residuaries.
(9) Example of aul or increase.
(10) Examples of aul or increase
(11) In these cases the daughter and son’s daughter get their Quranic shares while the sister takes as residuary.
(12) The mother gets 1/3 of ½ (that is after deducting the husband’s share).
(13) The brothers and sisters are residuaries.
(14) This is the case of himariyya or musharaka. The full brother and the uterine sisters share the 1/3 share. See Fitzgerald Muhammadan Law p.135 and Nawawi Supra, p.250.
(15) This is the case of Al-akdariya – see Tyabji Muhammadan Law (3rd Edn.) p.874 and Fitzgerald Muhammadan Law p.128 and Nawawi p.253 Supra, (p.22 supra)
(16) This is the case of al-Malikia – see Fitzgerald p.128.
(17) There is a doubt whether the son’s daughters (who are excluded as Quranic heirs) are nevertheless entitled to take as residuaries together with the agnatic ascendant or collateral. See Fitzgerald Muhammadan Law, p.124.
(18) In all these cases, as there are two daughters the son’s daughter cannot inherit as Quranic heir. She therefore takes as an agnatic heir and shares the residu with the lower son’s son.
(19) The son’s daughter is a residuary with an equal son’s son.
(20) As there is a “nearer” daughter, the share of the son’s son’s daughter is 1/6 that is the remainder of the 2/3 share of daughters.