MIF6183 ISLAMIC ESTATE AND BAITUL MAL

MID SEMESTER EXAMINATION

20 MARKS

ANSWER ALL QUESTIONS.

1. Define who is entitled to inherit in Islam. (2 marks)

2. What is the share of a son in the inheritance? (1 marks)

3. How is the inheritance distributed among daughters? (1 marks)

4. Can non-Muslims inherit from Muslims? Explain. (2 marks)

5. Is it possible to make a will in Islam? Discuss. (2 marks)

6. Can a person make changes to the Faraid distribution in their will? Explain. (2 marks)

7. What happens if a deceased person has no heirs? (1 marks)

8. Are adopted children treated the same as biological children in Faraid? Explain. (2 marks)

9. Why is it important to have a will in Islam? (1 marks)

10. What is the role of an executor (wasiyy) in an Islamic will? (2 marks)

11. If a man dies leaving two daughters, a father and a uterine sister. Calculate the faraid share
for the heirs if the valued assets left is RM80,000. (4 marks)

END OF PAPER
 ANSWERS

1. There are 15 heirs from the male side and 10 heirs from the main female side.

2. Surah An-Nisa verse 11: "Allah commanded you regarding (the division of inheritance for)
your children, that is, the share of one son is equal to the share of two daughters. But if the
daughters are more than two, then their share is two-thirds of the property left by the deceased.

3. Daughters will get 1/2 of the share of the estate.

4. Non-Muslim heirs can receive a will from their Muslim heirs, provided that it does not exceed
one property without the consent of the other heirs. Non-Muslims do not inherit from each other.
Scholars agree by referring to the hadith of the Prophet s.a.w. from Usama bin Zayd r.a. which
means: "Muslims do not inherit the property of non-Muslims, and non-Muslims also do not
inherit the property of Muslims"

5. According to the Shar'iah, one is entitled to make a will for one-third of one's property and not
beyond that so that the rights of the legal heirs are not adversely affected.

6. Most jurists agree that the heirs are free to adopt or reject this will; they are not bound by it.
However, certain Shafie and Hanbali jurists maintain that the will is binding on the heirs and
required as long as the distribution is equitable.

7. Then the property of the deceased will be handed over to Baitulmal.

8. No, according to farad law, adopted children are not designated as heirs deserving of their
adoptive mother or father's inheritance. This is because, although if the adoptive father is listed
as the kid's birth certificate holder, the adopted child does not, in accordance with Sharia law,
have any blood link and cannot be ascribed to him.

9. The purpose of a will is to carry out the testator's desires and to put all plans for organising
and allocating assets after death into action.
10. Wisayyah, also known as entrustment, is the act of requesting or appointing someone to
carry out a task in the absence of the trust giver (amanah), or to settle debts, return borrowed
property, or look after the individual rights of minor heirs following the death of their parents.

11.
6 The origin of the problem
1 Father 6/6x1= 1 (1/6x 80 000) 13,333.33
4 2 daughters 6/3x2= 4 (4/6x 80 000) 53,333.33 / 2
1 Uterine sister 6/6x1= 1 (1/6x 80 000) 13,333.33

Whereas a daughter will get RM 26,666.66