Faraid and Inherited Land: Who Gets What

When a Muslim dies leaving land, the family’s first question is usually: who gets how much? The answer is set by faraid, the rules of estate distribution under Islamic law. Those shares then decide whose names and which fractions will appear on the title, and that matters a great deal when the family wants to develop the land.

This guide explains fixed-share and residuary heirs, share tables for common families, worked examples with fractions and acres, matrimonial property, bequest limits, hibah, the Faraid Order, and what co-ownership on a title means. General information only, not legal or religious advice. Every case is different; consult the Syariah Court, your state Islamic Religious Council or a syarie lawyer.

1. 1Funeral costsThe cost of the funeral up to burial
2. 2DebtsDebts to God (zakat, fidyah) and to people (loans)
3. 3Matrimonial propertyIf the widow or widower claims it at the Syariah Court
4. 4BequestsNot more than one third, to a non-heir
5. 5FaraidThe remainder is divided among the entitled heirs

Basic terms

• The deceased: the person who died leaving property.
• Heir (waris): a family member entitled to a share of the estate.
• Fixed-share heir (waris fardu, ashab al-furudh): an heir whose share is fixed by Islamic law.
• Residuary heir (waris asobah, asabah): an heir with no fixed share who takes the remainder.
• Descendants: the deceased’s children and grandchildren.
• Exclusion (hijab, pendindingan): when an heir is blocked from a share because a closer heir exists.
• Geran: the land title document.

What comes before faraid

Faraid is not applied to the whole of the deceased’s property straight away. According to E-Faraid MAIS, the heirs must first settle these obligations, in order:

1. Funeral costs The cost of the funeral up to burial.
2. Debts Debts to God (zakat, fidyah) and to people (loans).
3. Matrimonial property If the widow or widower claims it at the Syariah Court.
4. Bequest No more than one third, to non-heirs.
5. Faraid The remainder goes to the entitled heirs.

Fixed-share heirs and their shares

E-Faraid MAIS states that the Quran sets six fixed fractions: 1/2, 1/3, 2/3, 1/4, 1/6 and 1/8. One more, 1/3 of the remainder, comes from the companions’ ijtihad and applies only in the special ’Umariyyatain case. The fixed-share heirs are the husband or wife, mother or grandmother, father or grandfather, daughter or son’s daughter, full sister, paternal half-sister and maternal half-siblings.

Residuary heirs: who takes the remainder

According to E-Faraid MAIS, a residuary heir takes everything if alone, or the remainder after the fixed shares, or nothing if the fixed shares use up the estate. There are three types of residuary:

1. Asobah bi al-nafsi (in their own right): every male heir except the husband and maternal half-brothers. If there are several, the closest to the deceased takes priority; the more distant are excluded.
2. Asobah bi al-ghairi (through another): male and female heirs of the same degree, with a male receiving twice a female’s share. Four groups: sons and daughters, son’s sons and son’s daughters, full brothers and sisters, and paternal half-brothers and sisters.
3. Asobah ma’a al-ghairi (with another): a full or paternal half-sister becomes a residuary when the deceased leaves a daughter or son’s daughter, provided there is no brother who would make her a residuary through him.

The five main heirs

E-Faraid MAIS states that if all male and female heirs are present, only five inherit: the husband or wife, father, mother, son and daughter. They (except the spouse) exclude the other heirs. These six are never fully excluded: son, daughter, mother, father, husband and wife.

That is why, in a case shared by E-Faraid MAIS, the deceased’s uncle was entitled to nothing when the deceased left a son and daughters, even though he was a blood relative.

Share table for common family structures

Worked examples with land area

The examples below are hypothetical. We use area in acres only; the land’s price is irrelevant to working out shares.

Four hypothetical calculations: a wife and three children (5 acres), parents alive (3 acres), siblings inheriting (4 acres) and an 'aul case (3 acres)

Example 1: a wife and children, 5 acres

Encik Ahmad dies leaving a wife, two sons and one daughter. His parents died before him. His estate: one 5-acre plot.

The wife takes 1/8 because there are children. The remaining 7/8 goes to the children with a son taking twice a daughter: 2 + 2 + 1 = 5 parts. Each part = 7/8 ÷ 5 = 7/40.

Wife 5/40 = 0.625 acres. Each son 14/40 = 1.75 acres. Daughter 7/40 = 0.875 acres. Total 40/40 = 5 acres.

Example 2: parents still alive, 3 acres

Encik Bakar dies; his wife died before him. He leaves his mother, father, one son and one daughter.

Mother 1/6 and father 1/6 because there are descendants. The remaining 2/3 goes to the children at 2 : 1. Common denominator 18: mother 3/18, father 3/18, son 8/18, daughter 4/18.

Mother 0.5 acres, father 0.5 acres, son 1.333 acres, daughter 0.667 acres.

Example 3: no children, siblings inherit, 4 acres

Encik Chandra (a Muslim) dies with no children; his parents have died. He leaves his wife, one full brother and two full sisters.

The wife takes 1/4 because there are no children. The remaining 3/4 goes to the siblings as asobah bi al-ghairi: 2 + 1 + 1 = 4 parts, each part 3/16.

Wife 4/16 = 1 acre. Brother 6/16 = 1.5 acres. Each sister 3/16 = 0.75 acres.

Example 4: an 'aul case, 3 acres

Puan Dahlia dies leaving her husband, father, mother and two daughters. Original shares: husband 1/4 (3/12), father 1/6 (2/12), mother 1/6 (2/12), two daughters 2/3 (8/12). Total 15/12, more than the whole estate.

According to E-Faraid MAIS, the 'aul method raises the denominator from 12 to 15, so every fixed-share heir receives proportionally a little less. Husband 3/15 = 0.6 acres, father 2/15 = 0.4 acres, mother 2/15 = 0.4 acres, two daughters 8/15 = 1.6 acres (0.8 acres each).

Matrimonial property comes first

Harta sepencarian (matrimonial property) is defined in section 2 of the Islamic Family Law (State of Selangor) Enactment 2003 as property acquired jointly by husband and wife during the marriage in accordance with the conditions of Islamic law. According to the Penang Syariah Judiciary Department, the concept now also covers property acquired through one spouse’s effort with the other’s indirect contribution, such as support, encouragement and running the household.

A claim can be made after divorce, during the marriage (for example before polygamy) and after death. It can be settled by sulh (amicable settlement), recorded as a court order; if the parties do not agree, the court decides after hearing the evidence.

In an estate, E-Faraid MAIS lists the matrimonial property claim before bequests and faraid. The portion decided to be matrimonial property belongs to the widow or widower, and only the remainder becomes the estate that faraid divides. The widow or widower still inherits their fixed share from that remainder.

Bequests: the one-third limit

A wasiat (bequest) is a declaration a person makes in their lifetime about their property, to take effect after death (section 2 of the Muslim Wills (State of Selangor) Enactment 1999). According to E-Faraid MAIS:

• A bequest should not exceed one third, calculated on the net estate after funeral costs and debts are paid.
• A bequest is valid only to a non-heir. A bequest to an heir does not take effect unless the other heirs consent after the testator’s death.
• If debts use up the whole estate, the bequest need not be carried out.

Hibah: a gift during one’s lifetime

Hibah is a contract by which a person voluntarily transfers ownership of property to another during their lifetime, without payment. According to E-Faraid MAIS:

• There is no limit on the amount: a sound-minded owner may give away all their property, but is urged to treat children fairly.
• A hibah takes effect when the recipient takes delivery (qabd) of the property.
• A hibah made during marad al-maut (a terminal illness leading to death) is treated like a bequest: no more than one third, and not to an heir without the other heirs’ consent.
• A hibah generally cannot be revoked, except by a father, mother, grandfather or grandmother to a child or grandchild.

For land, the transfer must be registered at the land office so the recipient’s name appears on the title; MAIS also offers to carry out the transfer of property given by hibah. MAIS prepares hibah declaration documents for immovable property such as land and houses fully owned by the giver, meaning there is a title and no charge. Land that was given by hibah and transferred in the giver’s lifetime is no longer part of the estate.

The Faraid Order (Faraid Certificate) from the Syariah Court

A Faraid Order, also called a Faraid Certificate (Sijil Faraid), is the Syariah Court’s official declaration listing the heirs and each one’s share after the faraid calculation is confirmed. E-Faraid MAIS states that for a Muslim deceased, the Faraid Order is applied for at the Syariah Court before obtaining letters of administration, to decide the entitled heirs and their shares. (Letters of administration, surat kuasa mentadbir, appoint someone to administer the estate.)

Documents

According to E-Faraid MAIS:

• Notice of Application (Form MS 3) and an affidavit;
• A copy of the applicant's identity card or passport;
• A copy of the death certificate, burial permit or presumption of death order;
• Copies of the birth certificates or identity cards of all heirs;
• Copies of marriage, reconciliation (rujuk) or divorce certificates;
• Copies of documents on the property.

Process

The Kedah Syariah Judiciary Department’s procedure (2025) shows the general flow below. Other states may differ slightly.

1. File the application The court checks it is complete; an incomplete application is returned for correction.
2. Register and pay the fee The case is registered in the e-Syariah system and a receipt issued.
3. Inquiry The applicant must attend. If not, the case can be struck out and cancelled.
4. Judge's decision The Syarie Judge decides the heirs and shares.
5. Faraid Order issued Used for estate distribution at JKPTG or the High Court.

After that, the land is distributed through one of the estate administration routes. For estates worth no more than RM5 million, JKPTG handles small estate applications under Act 98 (limit per JKPTG’s FAQ). See how to apply for small estate distribution.

From faraid shares to the title: co-ownership

After the distribution order is registered, the heirs usually become co-owners on one title, each with an undivided share. In Example 1, for instance, the title might show the wife 5/40, the two sons 14/40 each, and the daughter 7/40.

What this means under section 343 of the National Land Code:

• Shares are treated as equal unless different proportions are stated in the registration memorial. That is why faraid fractions must be recorded accurately.
• Each co-owner is entitled to possession and enjoyment of the whole land while the co-ownership continues. Nobody legally owns “the end by the road” or “the part near the house”, even if the family agreed verbally.
• When a co-owner dies, their share does not pass to the other co-owners; it passes to their personal representative and is handled as their own estate. This is the root of layered estates (pusaka berlapis).
• A co-owner can obtain a copy of the title to transfer or charge their own share only.

Co-owners can also apply for partition (section 140 of the National Land Code), dividing the land into separate titles with areas proportional to each share, by agreement among them and with land office approval.

What this means when the land is developed

Hypothetical example: how the faraid shares on the title divide the landowners' share in a JV

Example: faraid shares in a JV (hypothetical)

Encik Ahmad's family (Example 1) agrees to develop the land through a JV. Whatever form the landowners' share takes (units, cash or a combination), it is divided according to the shares on the title: wife 5/40 (12.5%), each son 14/40 (35%), daughter 7/40 (17.5%). The form and size of that share depend on each site's feasibility study, not on land area alone. Where a share in units does not divide exactly by the fractions, the family can agree on a cash adjustment or another split, and that arrangement can be included in the agreement.

Common mistakes

• Dividing land verbally without an order and registration. The law recognises only the shares on the title.
• Delaying the estate until other heirs die, creating a layered estate.
• Assuming relatives are entitled when they are excluded by closer heirs, such as an uncle when the deceased left children.
• Bequeathing land to an heir without realising it needs the other heirs’ consent.
• Forgetting matrimonial property before faraid is calculated.
• Treating an online calculator as final. E-Faraid MAIS itself warns that an e-Faraid application is not a way to obtain a Syariah Court Faraid Order. Only the Syariah Court issues that order.

Family document checklist

• The deceased's death certificate (and that of every heir who has since died).
• Marriage, divorce or reconciliation certificates.
• Birth certificates or MyKad of all heirs.
• A copy of the title and an official land search.
• Any bequest or hibah documents.
• Details of the deceased's debts.

Next step

If your family owns inherited land in Selangor and wants to know its development options, read the inherited land page and our guide on inherited land with many heirs, or ask for a free initial feasibility report. No fee and no obligation.