Wasiyyah Practices in

Malaysia

The jurists have different opinions about the definition of wasiyyah. Shafi’i school defines the wasiyyah as give-owned property, benefits or

privileges voluntarily ( tabarru ) which will take effect after death.

Wasiyyah Definition :

The Hukm of Wasiyya

h

Obligatory

recommended

permissible

makruh

prohibited

Pillars of wassiyah

Type of Wasiyy

ah

Testator(al-musi)

Will Receiver

(al-musa lahu)

Will Property

(al-musabih)

Sighah

Absolute

Conditional

General

Specific

Majlis Agama Islam Negeri - negeri

Design Will Enectment Provide regulation

regarding will Only three states have Will

Enectment : i. Selangorii. Negeri Sembilaniii. Melaka

Amanah Raya Berhad

Property not exceed RM 50,000, : issued by “Instruction of the Amanah Raya Berhad”

Property RM 50,000 – RM 600,000 : issued by “Akuan Amanah Raya Berhad”

Civil High Court

Two stage to deal with Civil High Court :

i. Get the administration

letterii. Get distribution order

for immovable assets

and also the unfinished

movable property

Role of Related Agencies in Malaysia

Documention of Wasiyyahi. Application of Willsii. Keeping of Wills iii. Amendment or Cancellation of williv. The testator Status Updates Wasiyyah Executioni. Reception Information The testator's death Death certificate issued by the National Registration Department Burial Permit or burial Presumption of Death Certificate through a court orderii. Reading of the will

Procedure of Will Management in MAIN

iii. Investigations Investigation Beneficiary and Inheritance Property Inquiry The investigation was borrowed iv. Property valuationv. Confirmation of wasiyyahvi. Wasiyyah execution