Faraid Faraid Plural form of faridah meaning mafrudah Bring the meaning of share that has been determined.

ined. All matters pertaining and distribution of wealth has fully subscribed to Faraidh. Faraid is important-wealth distribution. Al-Quran says From what is left by parents and those nearest related there is a share for men and women, whether the property be small or large- a determined share (4:7) God directs you as regards your children inheritance: to the male portion equal to that of two females; if only daughter two or more their share is two thirds of the inheritance; if only one her share is half. For parents a sixth share of the inheritance to each if deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has sixth. (The distribution in all cases is) after the payment of legacies and debts. You do not know whether your parents or your children are nearest to you in benefit. These are settled portions ordained by God and God is All-Knowing All-wise. Faraid becomes effective only at death, not when someone still alive. If some1 choose to distributed his wealth while he is still alive than he may do his own wishes. To distribute an estate without following the faraid, can only be done if one completely alert and aware on what he is doing. Islam encourages drawing up a will. When draw up a will, one only bequeath (mewariskan) up to a maximum of 1/3 of his estate to other than rightful heirs. Draw up bequeath more than the stipulated 1/3 of the estate other than the rightful heirs will not be valid.

verses in AlQuran Surah Al-Nisa verses 11 and 12

The problem of giving away our property to the rightful heirs while we are still alive and not subjected to faraid, we may not have chance to have benefit to the property anymore. Faraid is the most complete injunction described by the Holy Quran. Many female intellectuals consider as unfair. Two reasons may forward this feeling: i) Do not understand that whether they get completely their heirs. Men get their heir but still need to support the female heirs that are in difficulty. ii) It has not been practiced as such by the man and hence they never see the fairness. Faraid derives its principles from the AlQuran. It divine and cannot be changed. Apart from specifying who the rightful surviving heirs, Holy Quran also specifying heirs are eligible to inherent and in what proportion of the estate they should inherit. According to Quran, man receives 2 portions because they need to protect the family. Women 1 portion. The shares in estate distribution Quranic Heir Husband Wife Share 1/2 1/4 1/4 1/8 Daughter 1/2 2/3 1/3 1/6 1/6 Condition If wife does not leave children If the wife leave the children If husband does not leave children If the husband leave the children If she is the only children If there are two more daughter and no sons If parents the only survivors If has children and wife If has children and wife

Principles of Faraid

Mother Father

(Wasiyat) Will and Trust (definition)

Will act of Malaysia (U pgetahuan jew, xhafal pon xpew)

Purpose of will

Elements of trust

Waqf (Definition)

A will or testament is the declaration in a prescribed manner of the intention of the person making it with regard to matters which he wishes to take effects upon or after his death. Will means declaration intended to have legal effect of the intentions of a testator with the respect of his property or other matters which he desires to carried into effect after his death and included a testament, a codicil and appointment by will or by writing in the nature of a will in exercise of a power and also a disposition by will or testament of guardianship, custody and tuition of any child. For making of dispositions of property to take effect on or after the testator death, appoint executes or others persons whom the testators wishes to manages or assist in managing part of his estate. Appoint guardians for his children after his death Exercising any power exercisable by him by will Basic outline:i. When will a trust relationship come being ii. What are the duties connected with the office of trusteeship iii. What are the remedies, if any available to the beneficiaries if the trustee acts in a manner inconsistent with that relationship? Holding and preservation of a certain philanthrophy-saqaqah(charity) with the intention of prohibiting any use or disposition of the property outside the specific purpose to which property is dedicated, in such way it cannot be bequeathed or sold Confinement of the ayn (property) from the ownership and dedication of its usufruct to charitable purposes.

Aim Evidence from the Al-Quran

Hadith from Prophet Muhammad s.aw

Characteristics of Waqf Irrevocability

Perpetually

Inalienability

Matrimonial property (Defination) -harta sepencarian

Drives the economic developments of the Muslim society By no means shall ye attain unless ye give freely of that which ye love; and whatever ye give, of a truth God know it well ( surah Ali Imran 3:92) Abu Hurairah (Allah be pleased with him) reported that Allah Messeger (Prophet Muhammad s.aw) as saying: when a man dies, his act comes to end, except three things, recurring charity or knowledge by which people benefit, or pious offspring who pray for him (Sahih Muslim) Irrevocability Perpetually Inalienability Once a founder declared his property as waqf, his/her heir cannot change it status. These restrictions are designed to endure that as fas as the waqf is created for philantrophic purpose the founder and his descents has no right to take it back. The founder will continue receive Allah s.w.t rewards even after he is death. No confiscation of waqf will take place either by government or by individuals. It will ensure regular and continual support from waqf property towards financing charitable areas such as mosque, hospitals and orphanage. Cannot subject to sale, disposition, mortgage, gift, inheritance or alienation whatsoever. No one can be the owner of that asset that has being waqf. Thus in nature, like frozen asset. Acquired property during the subsistence of the marriage of husband and wife out of their recourses or by their joint venture. It also included property which is owned before the marriage provided that it has been substantially improved by the other

Court

Evidence from Al-Quran Surah Al Aaraf 199

parties or both parties during the marriage. Court considers the case of matrimonial property is Malay customs. Custom can be applied in Islam if:i) logic ii) Not against Al-Quran and As-Sunnah. iii) Something that use to be doing in the community. iv) exist in the community Hold to forgiveness; command what is right; but turn away from the ignorant Explanation for this ayah means thatAllah comforts the Prophet and directs his mind to three precepts: (1) to forgive injuries, insults, and persecution; (2) to continue to declare the faith that was in him, and not only to declare it, but to act up to it in all his dealings with friends and foes; (3) to pay no attention to ignorant fools, who raised doubts or difficulties, hurled taunts or reproaches, or devised plots to defeat the truth: they were to be ignored and passed by, not to be engaged in fights and fruitless controversies, or conciliated by compromises. ## Anything that is seen as something good by the Muslim, then it is good in the sight of Allah s.w.t. (Reported by Ahmad and Ibn Mas'ud) Nomination is the process by which a person who has adopted a policy of insurance / takaful or deposit money corporations or EPF or LUTH nominate someone else to receive benefit from it after his death. Fatwas are not uniform Pahang, Selangor, Negeri Sembilan and Kedah-property nomination to Faraid. Kelantan and Perak-EPF wills. So the law will be followed. Negeri Sembilan- Money-insurance policy premium paid by the policyholder will be estate (pesaka) and the insurance company payment to will(wasiat)

Observes

In Kedah all the insurance money will be Faraid. In May 1996, the Federal Government has declared the draft "rules" to make the laws or regulations of the Islamic inheritance (faraid) is required to deposit money for Muslims in government institutions like EPF, insurance companies and Government cooperation companies. Fatwa should be standardized. State need to amend enactments with regard to the results of the fatwa. Court should follow the decision of Fatwa Nomination of view not to be trust but only as executors is more suitable to be worn. Therefore this property should be Faraid.

## Just for knowledge ** For nomination or harta penama I just go straightly to google translate so there might be a mistake on the grammar. But I have try to fix it.

Sunnah by Prohrt Muhammad. Nomination (Harta penama)

Issues nomination Malaysia

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