Case as answered: one surviving wife, surviving mother, one full brother
and one full sister (saudara seibu sebapa). No children, no father, no
grandchildren.
1. Who Inherits, and on What Basis
Two of the four heirs take a fixed share (fardu), fixed by the Qur'an
before any residue is worked out. The other two take whatever remains
(asabah).
The wife takes 1/4. A wife's share is 1/8 where the deceased left an
inheriting descendant and 1/4 where there is none. There are no children and
no grandchildren here, so the 1/4 condition is the one that applies
(Mengurus Harta Pusaka, Wan Abdul Halim Wan Harun, printed p.63).
The mother takes 1/6, not 1/3. This is the step most hand-calculations
get wrong. A mother's ordinary share is 1/3, but it drops to 1/6 where the
deceased left either an inheriting descendant or two or more siblings —
and the siblings do not have to be inheriting for the reduction to bite
("mendapat bahagian atau gugur"). There are two siblings here, so the
mother takes 1/6 (Mengurus Harta Pusaka, Wan Abdul Halim Wan Harun, printed
p.63).
The brother and sister divide the residue 2:1. A full brother inherits as
asabah; a full sister who would otherwise take a fixed 1/2 is instead made
asabah by her brother — Asabah Bi al-Ghairi — and the two then share the
residue at two parts to one (Mengurus Harta Pusaka, Wan Abdul Halim Wan
Harun, printed p.77). The second author states the same rule independently,
listing the full sister among the women who inherit as asabah bi ghairihi
in the presence of their brother (Kaedah Pembahagian Harta Pusaka dan
Kepentingan Wasiat, Ustaz Ghazali Ibrahim, printed p.90) — worth saying,
because the two books have different authors and agreement between them is
stronger than either alone.
| Heir | Basis | Entitlement |
|---|
| Isteri (wife) | Fardu | 1/4 |
| Ibu (mother) | Fardu | 1/6 |
| Saudara lelaki seibu sebapa | Asabah bi al-ghairi | residue, 2 parts |
| Saudara perempuan seibu sebapa | Asabah bi al-ghairi | residue, 1 part |
2. The Arithmetic
Asal masalah
The denominators in play are 4 (the wife) and 6 (the mother). The smallest
number divisible by both is 12, so the asal masalah is 12.
- Isteri: 1/4 × 12 = 3 parts
- Ibu: 1/6 × 12 = 2 parts
- Residue for the siblings: 12 − 3 − 2 = 7 parts
Sah masalah
Seven parts will not divide 2:1 into whole numbers. Where the residue does not
divide cleanly among the asabah, the asal masalah is enlarged by the number
of shares needed — here 3 (two for the brother, one for the sister) — and
every part already allotted is multiplied by the same factor. The books work
it through on a case of their own, where an asal masalah of 4 is enlarged to
a sah masalah of 16 for exactly this reason (Mengurus Harta Pusaka, Wan Abdul
Halim Wan Harun, printed p.87).
12 × 3 = 36. This is the sah masalah.
- Isteri: 3 × 3 = 9
- Ibu: 2 × 3 = 6
- Residue: 7 × 3 = 21, divided 2:1 → brother 14, sister 7
Check
9 + 6 + 14 + 7 = 36. The parts sum exactly to the sah masalah, so nothing
is over- or under-subscribed and no 'Aul or Radd adjustment arises.
3. Final Distribution
Applied to the net distributable estate of RM 640,000.00 — that is
RM 800,000.00 of property, less RM 60,000.00 of debts, less the RM 100,000.00
wasiat (which is inside the one-third ceiling and therefore payable in full).
The waterfall above this section shows that deduction step by step.
| Heir | Parts | Share | Amount (RM) |
|---|
| Isteri | 9/36 | 25.00% | 160,000.00 |
| Ibu | 6/36 | 16.67% | 106,666.67 |
| Saudara lelaki seibu sebapa | 14/36 | 38.89% | 248,888.89 |
| Saudara perempuan seibu sebapa | 7/36 | 19.44% | 124,444.44 |
| Total | 36/36 | 100.00% | 640,000.00 |
The land is 2 ekar held as one title, so the same fractions apply to it: the
wife's 9/36 of 2 ekar is 0.50 ekar, the mother's 0.33 ekar, the brother's
0.78 ekar and the sister's 0.39 ekar. In practice a single title is usually
sold or transferred to one heir who then settles the others in cash, rather
than physically subdivided.
4. What This Report Does Not Decide
- Harta sepencarian. A surviving wife may have a claim to a share of
jointly-acquired property before the estate is divided at all. That claim
is settled by the court, not by faraid, and it would reduce the RM 800,000
above before any of these fractions are applied.
- Prior hibah. Property validly given away and taken possession of during
the deceased's lifetime is not part of the estate.
- The exact sibling type. Full siblings, paternal half-siblings and
maternal half-siblings inherit under different rules. This report assumes
seibu sebapa (same mother and father) because that is what was answered.
Sources Used
- Mengurus Harta Pusaka, Wan Abdul Halim Wan Harun — printed p.63, p.77, p.87
- Kaedah Pembahagian Harta Pusaka dan Kepentingan Wasiat, Ustaz Ghazali
Ibrahim — printed p.90
Educational estimate only, based on published faraid references. Not a fatwa
and not legal advice. Verify with the Mahkamah Syariah or a syarie lawyer before
acting on it for a real estate.
If Someone Dies Before You
The same estate, projected for planning. Losing a relative rarely just removes their own share - a surviving father blocks every brother and sister, so his death admits heirs who were taking nothing. These are the projections for the people named in this case.
A projection for planning only. Nobody named here has died; each row assumes that one person dies before you and everything else stays as entered. A real death changes the estate, the debts and often the family, so recalculate then rather than relying on this.
If your mother dies before you
The largest gain goes to saudara lelaki seibu sebapa, from 38.89% to 50.00% of the estate.
| Heir | As entered | Projected |
|---|
| Saudara lelaki seibu sebapa | 38.89%RM248,888.89 | 50.00%RM320,000.00 |
| Saudara perempuan seibu sebapa | 19.44%RM124,444.44 | 25.00%RM160,000.00 |
| Isteri | 25.00%RM160,000.00 | 25.00%RM160,000.00 |
| Ibuassumed to have died | 16.67%RM106,666.67 | — |
If your spouse dies before you
The largest gain goes to saudara lelaki seibu sebapa, from 38.89% to 55.56% of the estate.
| Heir | As entered | Projected |
|---|
| Saudara lelaki seibu sebapa | 38.89%RM248,888.89 | 55.56%RM355,555.56 |
| Saudara perempuan seibu sebapa | 19.44%RM124,444.44 | 27.78%RM177,777.78 |
| Ibu | 16.67%RM106,666.67 | 16.67%RM106,666.67 |
| Isteriassumed to have died | 25.00%RM160,000.00 | — |
Projections are not offered for a child or a sibling dying first. If a child predeceases you, that child's own children may inherit in their place as waris ganti, and this report carries them as separate heirs - removing the child alone would show a redistribution that would not happen.
What To Do Next
Working out the shares is the first step, not the last. The Syariah Court establishes who inherits and how much; a separate body actually distributes the estate. These steps and documents are drawn from the procedure chapter of the reference cited below.
Where this estate is administered
Bahagian Pusaka Kecil, via the Pejabat Tanah Daerah (District Land Office)
The estate includes immovable property and is within the small-estate limit, so it is a Harta Pusaka Kecil claim made on Borang A at the Land Office holding the deceased's most valuable land. The reference's own table would have sent an estate of this size to the High Court; that was the limit before the 2024 amendment.
Thresholds used: RM600,000 for Amanah Raya Berhad (movable property only) and RM5,000,000 for a small estate, per the Small Estates (Distribution) (Amendment) Act 2022 [Act A1643] in force since 15 July 2024, as published by JKPTG and the MyGovernment portal (read 2026-09-12). The reference cited below went to press in 2023 and prints RM600,000 as the small-estate limit; its procedure is still followed here, its threshold is not. Confirm the current limits and fees with the office when you file.
Kaedah Pembahagian Harta Pusaka dan Kepentingan Wasiat, Ustaz Ghazali Ibrahim, printed p.216, p.217, p.222
Steps
- 01
Get the Sijil Faraid from the Mahkamah Syariah
The Syariah Court determines who the heirs are and what each is entitled to; it does not distribute the estate itself. Apply at the Syariah Court for the district concerned. Where the claim goes through Amanah Raya Berhad, ARB will obtain the sijil for you, though heirs may still apply directly.
Kaedah Pembahagian Harta Pusaka dan Kepentingan Wasiat, Ustaz Ghazali Ibrahim, printed p.217, p.218
- 02
File the distribution claim
Take the Sijil Faraid and the documents below to Bahagian Pusaka Kecil, via the Pejabat Tanah Daerah (District Land Office). The office issues the distribution order; until it does, the shares in this report are a calculation rather than a transfer of anything.
Kaedah Pembahagian Harta Pusaka dan Kepentingan Wasiat, Ustaz Ghazali Ibrahim, printed p.216, p.217, p.222
- 03
Collect Borang A and pay the registration fee
Borang A is available from any Land Office or nearby Unit Pembahagian Pusaka Kecil, but file it at the Land Office where the deceased's highest-value land sits. The book records a RM10 registration fee at the Land Office; ARB's are RM50 for a movable claim and RM30 for an immovable one. Confirm current fees when you file.
Kaedah Pembahagian Harta Pusaka dan Kepentingan Wasiat, Ustaz Ghazali Ibrahim, printed p.216, p.217, p.218
- 04
Produce the will, and get heirs' consent if it exceeds one third
Bring the will itself. A wasiat is paid out of the estate before faraid divides anything, so the administering office needs the document, not just the amount.
Kaedah Pembahagian Harta Pusaka dan Kepentingan Wasiat, Ustaz Ghazali Ibrahim, printed p.219, p.222
- 05
List and settle the debts before anything is divided
Debts to Allah and to people are settled before the estate is divided, and the officer deciding the distribution rules on funeral expenses, estate duty, debts and any reimbursement to an heir who paid those costs. Bring the itemised list and supporting statements.
Kaedah Pembahagian Harta Pusaka dan Kepentingan Wasiat, Ustaz Ghazali Ibrahim, printed p.217, p.222
Documents to gather
- ·
Proof of death
The death certificate, or the burial permit, or a statutory declaration by two independent witnesses who saw the burial. Where a person cannot be traced for seven years, a Presumption of Death order from the High Court is required instead, and must be filed together with the petition.
Kaedah Pembahagian Harta Pusaka dan Kepentingan Wasiat, Ustaz Ghazali Ibrahim, printed p.216, p.219
- ·
List of heirs, with identity documents
A list of every heir with copies of their identity cards and, for a spouse or parent, the marriage certificate.
Kaedah Pembahagian Harta Pusaka dan Kepentingan Wasiat, Ustaz Ghazali Ibrahim, printed p.217
- ·
Land title, or the sale and purchase agreement
A copy of the geran for each piece of land, or the Perjanjian Jual Beli where the property has no title issued yet.
Kaedah Pembahagian Harta Pusaka dan Kepentingan Wasiat, Ustaz Ghazali Ibrahim, printed p.217
- ·
Evidence of the movable assets
Documents showing the deceased held each movable asset - bank and account books, share or membership certificates, vehicle registration, and the like.
Kaedah Pembahagian Harta Pusaka dan Kepentingan Wasiat, Ustaz Ghazali Ibrahim, printed p.217
- ·
Schedule of assets and debts
A list of the immovable and movable property being claimed - it is enough to list only what you are claiming - together with the list of debts, both to Allah and to people.
Kaedah Pembahagian Harta Pusaka dan Kepentingan Wasiat, Ustaz Ghazali Ibrahim, printed p.217
Educational estimate only, based on published faraid references. Not a fatwa or legal advice - verify with the Mahkamah Syariah or a syarie lawyer before acting on this for a real estate. A Sijil Faraid from the Mahkamah Syariah is the only binding determination of shares.