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How to Calculate Faraid in Malaysia — Step-by-Step Guide

A complete guide to calculating Islamic inheritance (faraid) shares under Malaysian law

Faraid (فرائض) is the Islamic law of inheritance prescribed in the Quran. In Malaysia, it is compulsory for the estates of Muslim deceased and is administered through the Syariah courts and civil courts in tandem. This guide walks through each step of the faraid calculation process so you can understand how shares are determined before using the calculator.

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1

Determine the Gross Estate (Harta Pusaka Kasar)

List all assets owned solely by the deceased at the time of death: real property, bank accounts, unit trusts, shares, vehicles, gold, jewellery, and any other personal belongings. Assets held in joint tenancy, EPF savings with a valid nomination, life insurance proceeds payable to a named beneficiary, and hibah (gifts completed before death) do not form part of the faraid estate.

2

Deduct Debts & Funeral Expenses

From the gross estate, first deduct all outstanding debts of the deceased — loans, credit cards, mortgages, and any unpaid personal liabilities. Then deduct reasonable funeral and burial expenses (perbelanjaan pengebumian) according to Islamic rites. The amount remaining is the net estate (harta pusaka bersih).

3

Deduct the Wasiat (if any)

If the deceased left a valid wasiat (Islamic will), it is given effect next, before faraid shares are distributed. A wasiat is capped at one-third (⅓) of the net estate. Crucially, a wasiat cannot be directed to an existing faraid heir — it is for non-heirs such as charities, friends, or non-Muslim relatives. The remaining estate after wasiat is the distributable faraid estate.

4

Identify All Eligible Heirs (Ahli Waris)

Identify every living relative at the date of death who qualifies as an heir under faraid. The primary categories are: spouse (husband or up to four wives), parents (father and mother), children (sons and daughters), paternal grandparents, maternal grandmothers, and siblings (full, paternal, and maternal). A person who is not a Muslim, or who caused the death of the deceased, is excluded from inheriting.

5

Apply Quranic Shares (Asabul Faraid)

Each eligible heir receives a fixed fractional share as prescribed in the Quran (Surah An-Nisa 4:11–12 and 4:176). For example: a wife inherits ¼ if there are no children, or ⅛ if there are; a husband inherits ½ or ¼ respectively; a daughter alone inherits ½; two or more daughters together inherit ⅔. The father, if present and the deceased has children, receives ⅙. After primary shares are allocated, any residue passes to the asabah (residual heirs), typically male agnates in order of priority.

6

Apply Hijab (Exclusion) Rules

Certain heirs exclude others from inheriting — this is called hijab (حجب). For example, a son excludes paternal brothers from inheriting. A father excludes paternal uncles. The rules of hijab ensure the estate flows to the closest eligible relatives. The LexHub Faraid Calculator automatically applies all hijab rules based on the heirs you enter.

7

Calculate Each Heir's Amount

Multiply each heir's fractional share by the distributable faraid estate value to get the Ringgit amount. For example, if the estate is RM 300,000 and a wife's share is ¼, she receives RM 75,000. The LexHub calculator does this automatically once you enter the estate value.

Worked Example

Ahmad passes away leaving: a wife, two sons, one daughter, and his mother. His net distributable estate is RM 500,000. Under faraid: the wife receives ⅛ (RM 62,500) since there are children; the mother receives ⅙ (RM 83,333) since there are children; the sons and daughter share the residue (RM 354,167) in a ratio of 2:2:1 — each son receives RM 141,667 and the daughter receives RM 70,833. This ratio (male receives double the female share in the same tier) is the Quranic rule of ta'sib.

Frequently Asked Questions

What is the difference between faraid and hibah?

Faraid distributes assets after death according to fixed Quranic shares. Hibah is an inter vivos gift — a voluntary transfer of ownership completed during the giver's lifetime. A properly completed hibah passes outside the faraid estate. Many Malaysians use hibah to direct assets to specific beneficiaries (e.g. a non-Muslim child) who would not otherwise inherit under faraid.

Can faraid shares be changed or waived?

No faraid heir can be disinherited against their will under Malaysian Islamic law. However, heirs may voluntarily agree among themselves to redistribute the estate differently (musafaha/sulh) after they have each received their legal entitlement. This requires the free and informed consent of all adult, mentally competent heirs.

What happens if a faraid heir dies before the deceased?

A deceased heir cannot inherit. If a child predeceases the parent, the grandchildren of that child are not automatically substituted (unlike non-Muslim estates under the Distribution Act 1958). They may only inherit if no child of the deceased survives. This is why planning hibah or wasiat for grandchildren is important.

How long does faraid distribution take in Malaysia?

The timeline depends on the estate type. Small estates (under RM 2 million in immovable property) are administered through Amanah Raya Berhad or the Land Administrator. Larger estates require a Grant of Probate or Letters of Administration from the High Court, or a Faraid Certificate from the Syariah Court. The full process typically takes 6 months to 3 years depending on complexity and cooperation among heirs.

Is this guide applicable to all Malaysian states?

Yes. Faraid shares are determined by the Quran and applied uniformly under the Shafi'i school across all 14 states and federal territories of Malaysia. However, the administration of Muslim estates may vary slightly between states as it falls under state Syariah enactments.

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