How it is calculated
Steps used here (Shafi’i rules, as followed in Malaysia):
- Estate to share = estate − debts − will (the will is limited to one third of what remains after debts)
- Spouse: wife (or wives together) 1/8 with children, 1/4 without. Husband 1/4 with children, 1/2 without.
- Mother: 1/6 with children, or with two or more brothers or sisters; otherwise 1/3. If the heirs are only a spouse, father and mother, the mother takes 1/3 of what is left after the spouse.
- Father: 1/6 when there is a son. With only daughters he takes 1/6 plus the remainder. With no children he takes the remainder.
- Daughters with no sons: 1/2 for one daughter, 2/3 shared for two or more.
- Sons take the remainder, each son getting twice a daughter’s part when there are both.
- If the fixed shares add up to more than 1, they are reduced in proportion (awl).
Worked example
RM240,000 estate, a wife, 2 sons, 1 daughter, father and mother:
- Wife 1/8 = RM30,000
- Father 1/6 = RM40,000 and mother 1/6 = RM40,000
- Remainder 13/24 = RM130,000, split in 5 parts (2 for each son, 1 for the daughter): each son RM52,000 and the daughter RM26,000
Why your number may differ
This covers only a spouse, sons, daughters, father and mother. Grandparents, grandchildren, brothers and sisters who inherit, and other relatives are not included. If there is a remainder with no residuary heir shown, it goes to other relatives or to the Baitulmal, and practice differs by state. Only a Syariah Court or the state Baitulmal can issue a faraid certificate. Faraid applies to Muslims only. Please confirm with them or a qualified adviser before dividing any estate.