FARAIDH

INTRODUCTION
Under Islamic Law, it is unlawful to make a gift to benefit an object
opposed to the religion of Islam.
A bequest by a Muslim for charity towards the building of a temple on
church would therefore void
The right to succession is dependant largely on Islamic rules on
succession.
the non Muslim next of kin of a deceased Japanese woman who had
converted to Islam could not inherit the property of the deceased.
Rule: a non Muslim are excluded from inheritance
Re Timah Bt Abdullah
Rule: testamentary disposition may not
exceed one-third
General principle: testamentary disposition may not exceed one-third of
the estate of the deceased
Shaikh Abdul Latif v Shaikh Elias Bux
Under Muslim Law, a testator has power to dispose of not more than
one third of the property belonging to him at the time of his death, and
the remaining two third must descend in fixed proportions to those
declared by Muslim law to be their heirs.
Rule: testamentary disposition may not
exceed one-third
Amanullah Hj Ali v Hajjah Jamilah
1. The testators disposition is invalid if it purports to dispose more than
one third of his estate.
2. The testators disposition is invalid if it purports to benefit any of their
heirs above his share as prescribed by the Muslim law of inheritance.
Rule: testamentary disposition may not
exceed one-third
Siti bt Yatim v Mohd Nor
A man died leaving a will and left all his share to his son and the wife
was completely deprived of the share. The court held that the will is
not valid and that the wife is entitled to her share as stated in
Islamic Law.
Rule: testamentary disposition may not
exceed one-third
A will of Muslim which attempts to prefer one heir by giving him a
larger of the estate than he is entitled to by a Muslim law is wholly
invalid to such bequest without the consent of the other heirs.
Rule: A gift nominating a beneficiary does not confer
on a nominee to take all beneficially
A gift by a testator nominating a beneficiary does not confer
on a nominee to take all beneficially
Re Ismail Rentah
The letter of nomination of the deceaseds daughter to receive the
deceased share of interest as a member of the Malay Civil Servants
Co-operative Society was governed by the Muslim law on wills and as
such was bad and such bequest was bad as it was made to single heir
when the others did not consented to. Such bequest was confirmed in a
fatwa or ruling issued by the National Council of Muslim
Religious Affairs.