What is a Wasiat?
A legally binding document by which an individual signifies his/her wishes as to the distribution of his/her estate upon death.
From the Hadith of Prophet Muhammad (PBUH):
“It is not permissible for any Muslim who has something to Wasiat to stay for two nights without having his Wasiat written and kept ready with him”
(Narrated by Bukhari and Muslim)
Importance of a Wasiat
- Expedite legal process
- Faster distribution of the estate and less costly
- Provision to non-legal heirs up to 1/3 of total assets
- Strongly recommended in Islam
- Mitigate family disputes
Benefit of Wasiat Writing
- Own choice of executor, trustee and guardian
- Specify assets to specific beneficiaries
- Declaration of "Harta Sepencarian"
- Determine the age of entitlement up to 21 years old
- Revocable
- Can retain ownership of assets
- No sureties required
- Avoid depletion of assets
- Final Message
What are the possible implications if someone dies without Wasiat?
Hukum Syarak
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- Abuse other beneficiaries' rights (Haram)
- Unjust distribution due to personal bias
- Problem in clearing deceased's debts (if any)
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Law
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- Problems in obtaining court order
- Requirement of two (2) Sureties
- Appointment of Administrator
- Time-consuming (delay)
- Costly (L.A. expenses)
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Economy
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- Abandoned lands
- Cannot resell the lands
- Depletion in assets value
- Difficulty of claiming the estate
- Splitting of assets to too many beneficiaries
- Restrictions on development of the Estate
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Social
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- Family disputes
- Beneficiary has no peace of mind
- Impact on abandoned family members
- Expansion in the number of Faraid beneficiaries
- Inheritance might be misused by immature beneficiaries (below 21 years old)
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