90 per cent of Muslims do not have wills, hibah
11 Feb 2022 07:30am
Musa said there more than RM60 billion unclaimed and frozen assets at various institutions involving all races. (Sinar File Pix)
Syariah Lawyers Association president Musa Awang said more than 90 per cent of the Malay-Muslim community in this country has not written a will or made a hibah (gift) officially on paper.
This, he said, has led to more than RM60 billion unclaimed and frozen assets at various institutions involving all races.
"Making a will or hibah is a simple process that can be made by the owner of the property and will make things easier later when he or she dies in regards to distribution of wealth.
"If there is no will or hibah, the assets and properties will be divided according to faraid or equal division if the inheritors agrees or comes to a consensus," he told Sinar Daily.
Commenting further, Musa said the property owner must refer to a Syariah lawyer or trusted authority to get advice on writing a will ad hibah.
He there were various processes that needed to be followed for owners and inheritors or family members needed to follow to ensure that the will was not annulled.
"For Muslims, a will needs to comply to the Islamic law. This includes not more than one-third of the total amount of wealth be willed unless agreed by all faraid recipients after the death of the owner.
"If you do not comply with the requirements as such, the will may be invalid and cancelled, "he said.
Musa cited the lack of awareness and knowledge of wills and hibah as the top reason as to why many did not have them.
If a person had a will or hibah, he said the division of wealth and assets would be much more easier and beneficial to the inheritors as they would not have deal with any problems that could arise.
“Wills are not only important for Muslims, but for all races in regards to the Distribution Act 1958 and Wills Act 1959.
"Hibah, meanwhile, can be given to anyone even if more than one-third of the wealth and also inheritors who will receive the faraid.
“Assets that can be bequeathed or endowed is movable property such as cars, savings and shares as well as immovable property like houses and land, ”he said
