Faraidh & isu-isu Nuzuriah, Hibah dan Wasiat - By M.Salleh Bin A.Hamid

I don't really know what made me pick up this book, particularly on the subject of faraid. Maybe I'm getting older, have a family of my own, and have started thinking about what will happen to my estate. Perhaps the idea of death has been lingering in my mind, and I'm not prepared to leave my family behind. Or maybe it is because many people today do not really know how to plan and organize their estate.

This book is written in Malay. It is essentially the author's compilation of notes and commentaries from the lectures and classes of the late scholar, Syeikh Omar Al Khatib.

I think this is an excellent book on the subject. It covers all the important aspects of faraid, including the fundamental principles. What I particularly like is that it is written from a Singaporean perspective, addressing important issues such as joint tenancy, tenancy in common, CPF, and other practical matters that Muslims in Singapore may encounter.

If I had the opportunity to master one branch of knowledge after learning the Fardu Ain, faraid would be my choice. Not only because it is said to be among the first sciences to disappear towards the end of time, but also because I find its system of calculations both sophisticated and intellectually rewarding. It also teaches me importance of proper planning.

Anyway, I have compiled and translated into English some important points from the book as a reminder for all of us when dealing with the estate of a deceased person:

35 Common Mistakes in Handling an Estate

1. Distributing the estate before settling the deceased's debts or fulfilling their valid will(wasiat) or vows(nazar).
2. Making a will that exceeds one-third of the estate without the consent of all heirs.
3. Making a will in favour of an heir without the consent of all heirs.
4. Carrying out a will or vow that contradicts Islamic law(e.g. supporting sinful activities).
5. Leaving instructions that unnecessarily burden the heirs with difficult conditions.
6. Making a will, vow, or hibah without proper witnesses, or having only female witnesses.
7. Imposing conditions that prevent heirs from receiving their rightful inheritance, such as prohibiting the sale of property for many years or restricting benefits to selected heirs.
8. Using estate funds for voluntary Hajj or Umrah without valid instruction and heirs' consent.
9. Delaying estate distribution for many years, causing confusion .
10. One child continuing the deceased's business and keeping profits without sharing other heirs' rights.
11. A widow taking control of all her husband's property and ignoring other heirs.
12. Excluding heirs because they live in another country.
13. Managing the estate according to one heir's wishes while ignoring others.
14. Assuming jointly owned property automatically belongs entirely to the surviving owner.
15. Dividing the estate according to customs that contradict Islamic law.
16. Using estate sale proceeds to pay the personal debts of one heir.
17. Replacing a deceased joint owner with a new owner without all heirs' consent.
18. Failing to account for debts owed to the deceased by an heir.
19. Misusing estate assets, such as excessive funeral spending.
20. Giving estate assets to friends or using them for memorial practices without heirs' consent.
21. Distributing the estate of a missing person before legal confirmation of death.
22. Having the estate divided by someone who is not qualified in faraid.
23. Allowing a non-Muslim relative to inherit through faraid.
24. Allowing adopted children, stepchildren, foster children, or children born outside marriage to inherit when they are not entitled.
25. Distributing the estate according to civil law when it contradicts Islamic inheritance law.
26. Making estate property into waqf without the consent of all heirs.
27. Failing to protect the rights of unborn heirs or young children.
28. Distributing the estate in a way that contradicts Ahl al-Sunnah wa al-Jama'ah.
29. Giving sons and daughters equal shares after death without the consent of all heirs.
30. Giving the residue of the estate to heirs who are not entitled to receive it.
31. Denying a grandfather his inheritance because he is elderly or does not understand faraid.
32. Confusing different categories of siblings, causing wrong people to receive inheritance.
33. Giving inheritance shares to heirs who died at the same time as the deceased without proper determination.
34. Giving inheritance to distant relatives who are not heirs while denying rightful heirs.
35. Taking the deceased's jewellery, clothing, or personal belongings without the consent of other heirs.