Faraid Heirs in Malaysia β Who Qualifies & Their Shares
Complete guide to eligible heirs (ahli waris) under Malaysian faraid law, including hijab exclusion rules and share fractions
Faraid inheritance in Malaysia recognises three broad categories of heirs: Ashabul Furud (those with fixed Quranic shares), Asabah (residual heirs who receive what remains after fixed shares), and Dhawil Arham (distant relatives who only inherit in the complete absence of the first two categories). Understanding which category an heir falls into β and who excludes whom β is essential for accurate faraid calculation.
Fixed-Share Heirs (Ashabul Furud)
These heirs receive specific fractions as prescribed in the Quran regardless of how many other heirs exist (though the fraction may shift depending on the combination of heirs present).
| Heir | Share | Condition |
|---|---|---|
| Husband | Β½ or ΒΌ | Β½ if deceased wife has no children; ΒΌ if she has children |
| Wife / Wives | ΒΌ or β | ΒΌ if deceased husband has no children; β if he has children (shared equally among up to 4 wives) |
| Daughter | Β½ or β | Β½ for one daughter alone; β shared among two or more daughters (when no son is present) |
| Granddaughter (son's daughter) | Β½, β , or β | Inherits like a daughter when no daughter exists; receives β to complete β when one daughter exists; excluded when two or more daughters exist (unless a grandson is present) |
| Father | β or residue | β fixed share when the deceased has children; receives β plus residue (as asabah) when there are no children |
| Paternal Grandfather | β or residue | Same rules as father but excluded when father is present |
| Mother | β or β | β when there are children or two or more siblings; β otherwise |
| Maternal Grandmother | β | Receives β only; excluded when mother or father is present |
| Paternal Grandmother | β | Shares β with maternal grandmother; excluded when mother or father is present |
| Full Sister | Β½, β , or residue | Β½ for one; β shared among two or more (when no brother is present). Becomes asabah with a full brother |
| Paternal Sister | Β½, β , or β | Like full sisters but excluded when full brother or sister is present |
| Maternal Sibling | β or β | β for one; β shared among two or more. Excluded when the deceased has a child, grandchild, or father |
Residual Heirs (Asabah)
After all fixed shares are paid, the residue passes to the nearest male agnate (asabah). In order of priority:
- Son (anak lelaki)
- Son's son, then son's son's son (descending male line)
- Father
- Paternal grandfather (and higher)
- Full brother
- Paternal brother (half-brother through father)
- Son of full brother, son of paternal brother
- Paternal uncle (father's full brother, then father's paternal brother)
- Son of paternal uncle
Hijab β Who Excludes Whom
Hijab (ΨΨ¬Ψ¨) means one heir blocks another from inheriting because of a closer relationship to the deceased. Key exclusion rules:
| Excluder | Excluded Heir(s) |
|---|---|
| Son | Brothers (full, paternal), paternal uncles, paternal grandfather |
| Father | Paternal grandfather, paternal brothers (full and paternal), paternal uncles |
| Two or more daughters | Paternal sisters (from full share; they may still inherit as asabah with a paternal brother) |
| Mother | Grandmothers (both maternal and paternal) |
| Child or grandchild | Maternal siblings (entirely) |
The LexHub Faraid Calculator automatically applies all ashabul furud, asabah, and hijab rules based on the heirs you enter.
Calculate Faraid Shares βFrequently Asked Questions
Can a non-Muslim relative inherit under faraid?βΌ
No. Non-Muslim relatives are completely excluded from faraid inheritance. If the estate includes a non-Muslim spouse, child, or sibling, they receive nothing under faraid. They may, however, be beneficiaries of a wasiat or hibah if properly arranged before death.
What if the deceased has no eligible faraid heirs at all?βΌ
If there are no eligible heirs in any of the three categories (Ashabul Furud, Asabah, or Dhawil Arham), the entire estate passes to Baitulmal (the Islamic public treasury administered by the state Islamic religious department). This is extremely rare in practice.
Do adopted children inherit under faraid?βΌ
No. Adopted children do not inherit as biological children under faraid, as faraid follows biological bloodlines. However, adoptive parents may direct assets to an adopted child via wasiat (up to one-third of the net estate) or via hibah during their lifetime.
Does a divorced wife inherit from her ex-husband?βΌ
No. A divorced wife who has completed her iddah (waiting period) has no right to inherit under faraid. However, if the husband pronounced talak (divorce) during his terminal illness (maradh al-maut) with the intention of barring inheritance, some Syariah courts may still grant her a share as a protective measure.
What is the share of a son versus a daughter?βΌ
Under the Quranic rule of ta'sib, a son receives double the share of a daughter when they inherit together. For example, if two sons and two daughters are the only heirs, the estate is divided into 6 parts: each son receives 2 parts and each daughter receives 1 part. This ratio (2:1) applies to all tiers where male and female agnates inherit together.
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