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|Legal Subjects > Estate Planning > Islamic and Customary Laws|
DO THE PROVISIONS IN WILLS ACT 1959 AND WILLS ORDINANCE SABAH APPLY TO THE MUSLIMS ?
No. The provisions in Wills Act 1959 and Wills Ordinance (Sabah) do not apply to the Muslims.
Any person professing to the religion of Islam are governed by Islamic Laws.
There are 4 main mazhabs or schools of figh namely
Thus it is important for the Muslims to state clearly in their wills which mazhab's figh or law should be applied when the estate is distributed.
WHAT ARE THE GENERAL RULES FOR THE ESTATE DISTRIBUTION OF A MUSLIM ?
Where a Muslim dies, priority will be given to the proper funeral expenses and reasonable expenses of subsequent religious ceremonies suitable to the station in life of the deceased.
The creditors of the deceased will then be paid according to merit of each case.
The Will will be taken into consideration, after the funeral expenses and debts have been paid.
Generally, Muslims can only dispose off or give away 1/3 of his or her estate under a Will.
WHAT ABOUT THE REMAINING 2/3 OF THE ESTATE OF A MUSLIM ?
The residue 2/3 of an estate will be distributed to the beneficiaries according to Syariah Law.
Nevertheless, a Muslim can state in the Will a specific item to be given to certain relatives but provided that the value of the item does not exceed the value fixed by the Syariah.
Where the value of the item is more than the allotted share, other beneficiaries agreement must be obtained to a corresponding reduction in their shares.