Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
In the realm of Islamic inheritance, questions about family agreements often arise, especially when emotions run high after a loved one's passing. A common query is: Is there an agreement among beneficiaries in Islamic law that can bypass Faraid? Faraid, the fixed shares of inheritance mandated by Sharia, forms the cornerstone of Muslim estate distribution. But can heirs simply agree to redistribute these shares among themselves? This post delves into the legal intricacies, drawing from authoritative sources to provide clarity.
Important Disclaimer: This article offers general information based on legal precedents and is not a substitute for professional legal advice. Consult a qualified Syariah lawyer for your specific situation.
Faraid refers to the precise determination of heirs' rights and portions from a deceased Muslim's estate, strictly governed by Sharia principles. As defined in key rulings, Faraid is defined as the determination of the rights and the heirs' portion of a deceased's inheritance... based on the provisions of the Sharia Laws, with the Faraid Certificate serving as an official declaration... issued by the Court by the powers bestowed by the law. NAZARUDDIN MOHD SHARIFF @ MASARI & ANOR vs PEJABAT TANAH & DAERAH HULU LANGAT & ORS - 2020 MarsdenLR 1964
This certificate is not optional—it's mandatory. Courts insist on obtaining it after fulfilling primary obligations like burial expenses, debts, and completing any valid will (wasiyyah). Without it, distribution risks disputes, fraud, or invalidity. For Muslim estates, an administrator must be appointed, and the certificate outlines beneficiaries and their exact shares per Islamic law. RE: MOHD IBRAHIM ABDUL GHANI & OTHER CASES - 2023 MarsdenLR 539
Sharia prioritizes divine ordinance over personal preferences. Courts consistently enforce Faraid proportions, rejecting secular alternatives like joint tenancy or survivorship rights when Muslims are involved. In one case, even mutual understandings to follow Sharia couldn't override court-determined shares: This is something that the Shariah court will have to decide when issuing the faraid certificate. IN THE MATTER OF THE ESTATE OF TAN SRI DATUK SYED KECHICK @ SYED BAKAR SYED MOHAMED (DECEASED) - 2010 MarsdenLR 3117SALIZA OTHMAN vs CHE ROKIAH DESA & ORS - 2013 MarsdenLR 565SALIZA OTHMAN vs CHE ROKIAH DESA & ORS - 2013 MarsdenLR 569
Beneficiary agreements alone hold no power to alter these fixed shares. Disputes on proportions defer exclusively to the Syariah court, underscoring Faraid's primacy to protect entitled heirs and prevent manipulation.
While family harmony is ideal, Sharia does not permit heirs to bypass Faraid through consensus. No provision in examined documents allows such overrides. Instead, agreements may play a narrow role in specific contexts, like validating a wasiyyah (legacy).
Muslim wills are capped at one-third of the net estate and generally cannot benefit legal heirs without conditions. Notably, a legacy in favour of a legal or legitimate heir can only take effect with the unanimous consent of the co-heirs. MOHAMED ISMAIL IBRAHIM & ANOR vs MOHAMMAD TAHA IBRAHIM - 2004 MarsdenLR 616
This consent is confined to the wasiyyah portion—after debts, funeral costs, and Faraid shares are allocated. It doesn't permit reallocating the core estate. Legal heirs, defined by Faraid operation of law, retain their mandated portions regardless of agreements.
In broader legal landscapes, agreements among parties can resolve disputes more flexibly. For instance, in partition suits, courts have honored family pacts on property values, closing appeals and contempt petitions accordingly. One ruling noted, The parties have agreed to abide with the value of property, namely that each one of the branch of the family would get property worth Rs.14,15,000/-. Raghuraman Pillai (died) VS Soodamani Ammal (died) - 2022 Supreme(Mad) 2160
Similarly, arbitration agreements enable beneficiaries to refer disputes outside court, provided a valid clause exists: Any dispute between the beneficiaries can be referred to the arbitration only if there is an independent Arbitration agreement between the beneficiaries for referring the dispute to the arbitration. Jayesh Dinesh Shah VS Kaydee Family Trust - 2013 Supreme(Bom) 533
However, these mechanisms apply to civil or contractual matters, not Sharia-governed inheritance. Islamic law's rigidity ensures equity, contrasting with scenarios where minors or unsound minds complicate consents, yet arbitration might still proceed if beneficiaries invoke it post-maturity. Jayesh Dinesh Shah VS Kaydee Family Trust - 2013 Supreme(Bom) 533
Even in unrelated areas like marriage dissolution, courts invoke Istihsan (juristic preference) for equity, allowing khula without husband consent in absences of mechanisms. XXXXXX VS XXXXXX - 2022 Supreme(Ker) 1060 But Faraid remains untouched by such flexibilities, prioritizing scriptural mandates.
No broad exceptions for beneficiary pacts exist. The sole referenced leeway—unanimous consent for heir legacies—operates within Faraid's framework:- Post-obligations (debts, funeral).- Limited to 1/3 of estate.- Doesn't redistribute Faraid shares.
Syariah courts hold exclusive authority for certification; civil courts handle only administration. Agreements risking heir exclusion invite invalidity and litigation. NAZARUDDIN MOHD SHARIFF @ MASARI & ANOR vs PEJABAT TANAH & DAERAH HULU LANGAT & ORS - 2020 MarsdenLR 1964RE: MOHD IBRAHIM ABDUL GHANI & OTHER CASES - 2023 MarsdenLR 539
To navigate inheritance smoothly:- Prioritize Obligations: Settle debts, funerals, and valid wasiyyah first.- Seek Faraid Certificate: Apply via Syariah court promptly after administrator appointment.- Document Consents Carefully: For legacies to heirs, obtain unanimous, written co-heir approval.- Avoid Informal Pacts: They lack enforceability against Faraid; court verification is essential.- Resolve Disputes Court-First: Beneficiary talks should culminate in Syariah adjudication.
In partition-like scenarios outside Sharia, agreements shine—e.g., equalizing values via payments. Raghuraman Pillai (died) VS Soodamani Ammal (died) - 2022 Supreme(Mad) 2160 But for Faraid, court issuance trumps all. IN THE MATTER OF THE ESTATE OF TAN SRI DATUK SYED KECHICK @ SYED BAKAR SYED MOHAMED (DECEASED) - 2010 MarsdenLR 3117
Understanding these boundaries honors Sharia while fostering family peace. For personalized advice, engage a Syariah expert. Stay informed, plan wisely, and may your estates reflect justice.
References:1. NAZARUDDIN MOHD SHARIFF @ MASARI & ANOR vs PEJABAT TANAH & DAERAH HULU LANGAT & ORS - 2020 MarsdenLR 1964: Faraid definition and certificate role.2. RE: MOHD IBRAHIM ABDUL GHANI & OTHER CASES - 2023 MarsdenLR 539: Estate administration essentials.3. SALIZA OTHMAN vs CHE ROKIAH DESA & ORS - 2013 MarsdenLR 565, SALIZA OTHMAN vs CHE ROKIAH DESA & ORS - 2013 MarsdenLR 569: Faraid over alternatives.4. IN THE MATTER OF THE ESTATE OF TAN SRI DATUK SYED KECHICK @ SYED BAKAR SYED MOHAMED (DECEASED) - 2010 MarsdenLR 3117: Court resolution of proportions.5. MOHAMED ISMAIL IBRAHIM & ANOR vs MOHAMMAD TAHA IBRAHIM - 2004 MarsdenLR 616: Wasiyyah consent rules.6. Additional contexts: Raghuraman Pillai (died) VS Soodamani Ammal (died) - 2022 Supreme(Mad) 2160, Jayesh Dinesh Shah VS Kaydee Family Trust - 2013 Supreme(Bom) 533, XXXXXX VS XXXXXX - 2022 Supreme(Ker) 1060.
#Faraid #IslamicInheritance #ShariaLaw
which states who are the beneficiaries and their respective shares, in accordance with Islamic Law. ... which states who are the beneficiaries and their respective shares, in accordance with Islamic Law." ... When the letter of administration is obtained, the administrator is appointed, and in case of an estate of a Muslim, the administrator will obtain a 'Sijil Faraid' from the syariah Court which states who are the beneficiaries and their respect....
Order together the profit obtained from the Islamic Fixed Deposit account no. ... XXXXXXXX6970 at Maybank Islamic Berhad; and (iii) A declaration that the 1st plaintiff is the guardian to the Child's portion of the Goodwill Payment after the division has been made in accordance with the Faraid Order. ... Issue (c): Do The Civil Courts Have The Jurisdiction To Declare The Division Of The Goodwill Payment Made Malaysia Airlines And Khazanah Among The Releasors In Accordance With The Faraid Order? ... wit....
Brijnandan, together with any profit obtained from the Islamic fixed deposit be distributed in accordance with the Faraid Order. ... Brijnandan as stakeholders be divided in accordance with the Faraid Order together the profit obtained from the Islamic Fixed Deposit account no. ... Faraid Order Specific Relief Act 1950 based on (i) the Stakeholder Agreement; (ii) the Release Agreement; and (iii) the Faraid Order. ... XXXXXXXX6970 at Maybank #HL_STA....
; (ii) the Release Agreement; and (iii) the Faraid Order. ... Issue (c): Do The Civil Courts Have The Jurisdiction To Declare The Division Of The Goodwill Payment Made Malaysia Airlines And Khazanah Among The Releasors In Accordance With The Faraid Order? ... Order together the profit obtained from the Islamic Fixed Deposit account no. ... XXXXXXXX6970 at Maybank Islamic Berhad; and (iii) A declaration that the 1st plaintiff is the guardian to the Child's portion of the Goodwill Payme....
inheritance law (Faraid). ... [60] Firstly, the Public Bank Bhd (supra) case did not involve any application of Shariah law on matters such as the law of gift (hibah) or Islamic law of succession (faraid). ... [97] In any event, I am in full agreement with the 2nd defendant that the real dispute in our present case involves application of law of gift/hibah and Islamic law of succession (which fa....
who are the beneficiaries and their respective shares, in accordance with Islamic Law. ... ' from the Syariah Court which states who are the beneficiaries and their respective shares, in accordance with Islamic Law." ... but that Islamic personal law (which is essentially what the dispute was) was for the jurisdiction of the Syariah Courts." ... With respect, a 'surat faraid' merely indicates the distribution of the estate to the #H....
inheritance law (Faraid). ... When the letter of administration is obtained, the administrator is appointed, and in case of an estate of a Muslim, the administrator will obtain a 'Sijil Faraid' from the Shariah Court which states who are the beneficiaries and their respective shares, in accordance with Islamic law ... [60] Firstly, the Public Bank Bhd (supra) case did not involve any application of Shariah law on matters such as the law of gift (h....
issue of Islamic law. ... , the control of propagating doctrines and beliefs among persons professing the religion of Islam; the determination of matters of Islamic law and doctrine and Malay custom. ... From the judgment, at least it is very clear that the third declaration applied for (that all the 12 beneficiaries of the deceased were entitled to their respective shares in accordance with the "faraid") was an Islamic law issue wi....
And here there are no preserving rules of Islamic law in the applicable land law and the law of trust that govern this case. ... When the letter of administration is obtained, the administrator is appointed, and in case of an estate of a Muslim, the administrator will obtain a 'Sijil Faraid' from the syariah Court which states who are the beneficiaries and their respective shares, in accordance with Islamic law. ... Faraid [5] On 9....
If it was the former, then the syariah Court should have decided whether there was a "hibah" in accordance with Islamic law of those disputed shares and then proceed to determine the shares of the beneficiaries, respectively, according to "faraid". ... , the control of propagating doctrines and beliefs among persons professing the religion of Islam; the determination of matters of Islamic law and doctrine and Malay custom. ... From the judgment, at least it is very cl....
It is acknowledged by Islamic law that the Muslim wife has the right to demand termination of marriage. For what purpose she has to move the Court, begs the question. The argument that if the husband refuses, she has to move the Court stares at us. Apparently, the reference to the qadi in this context is to exercise his authority as a guardian rather than an adjudicator.
The parties have agreed to abide with the value of property, namely that each one of the branch of the family would get property worth Rs.14,15,000/-. To that extent, there is an agreement among the parties.
(i) whether there is an arbitration agreement among the parties; Where a suit is filed by one of the parties to an arbitration agreement against the other parties to the arbitration agreement, and if the defendants file an application under section 8 stating that the parties should be referred to arbitration, the court (judicial authority) will have to decide: (ii) whether all the parties to the suit are parties to the arbitration agreement; (iii) whether the disputes which are the subject matter of the suit fall within the scope of arbitration agreement;
Sometimes the deduction surprises you, sometimes confuses you but no matter what you deduce there can never be an agreement on the act nor can you condone it. Since human lives are involved, one cannot afford a minutest of slip. It is for this reason a Judge dealing with criminal matters is required to rise above his prejudices, beliefs and learn to understand situations one could never conceive of, and then pass a judgment, on full understanding of attending circumstances. Was it cold heartedness or was it because he was driven to it.
Any dispute between the beneficiaries can be referred to the arbitration only if there is an independent Arbitration agreement between the beneficiaries for referring the dispute to the arbitration. 9. It is settled law that in order to enter into a contract, the parties must be legally competent. A minor or a person of unsound mind cannot enter into an agreement, but under the Trust relied upon by the applicant, a minor as well as a person of unsound mind can become beneficiary. I consider that the settler and Trustees together cannot enter into a contract on behalf of the....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
