12 May Dimana kan ku cari ganti…
P. Ramlee song “Dimana kan ku cari ganti… ”
So true. When one passes away, demised or meninggal dunia, yang ditinggal hanya amalan & ilmu yang baik, anak yang soleh dan sedekah, amal jariah. Something along those lines. But also, yang ditinggal – suami or isteri, maybe isteri-isteri dan anak-anak dan yang seumpamanya.
Yang pergi tetap pergi, yang ditinggalkan masih perlu dijaga kebajikan mereka, supaya tidak ditimpa kesusahan dan kesukaran untuk terus hidup. Many Muslims assume that since the distribution of their estate to their legal heirs follow Faraid Principles, there is no need for them to write a Wasiat. Such ignorance on issues of Syariah distribution of harta pusaka may cause the grieving family members having to go through financial uncertainty. More often than not, absence of will or wasiat leads to family members squabble and fighting over whose the right heir and whose to own what and in what proportion.
PMB provides will and wasiat writing services and it could be FREE OF CHARGE for Mutual Gold investors. Our qualified Syariah lawyers will assist in drafting a reasonably comprehensive wasiat for PMB investors. It can be done in 1 week, as when i did my wasiat. Seriously, its not that difficult but we contemplate, we give excuses and we stay in denial that its not urgent. My dear friends, WASIAT is SUNAT MUAKKAD and I urge you to appreciate these excerpt from the holy Qur’an and our Prophet’s Hadis below to understand the significance and urgency of drafting a muslim’s wasiat.
From the Qur’an, An-Nisaa’:12
“in what your wives leave, your share is a half, if they leave no child; if they leave a child, you get fourth; after payment of legacies and debts. In what ye leave, their share is fourth if ye leave no child, but if ye leave a child, they get an eight : after payment of legacies and debts. If the man or women whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth: but if more than two, they share in a third: after payment of legacies and debts: so that no loss is caused to any one, thus is it ordained by God; and God is All-Knowing Most Forbearing.”
And from the Hadith of Rasullullah SAW :
“it is not permissible for any Muslim who has something to Wasiat to stay for two nights without having his Wasiat written and kept ready with him”
(Hadith riwayat Bukhari and Muslim)
“ Whoever dies leaving a Wasiat, he dies on the path of Islam, dies in accordance to Sunnah, dies in Taqwa (piety), dies in Syahadah (witness) and his death (sins) will be forgiven”
(Narrated by Ibn Majah)
From an Islamic Financial Planning point of view – distribution of wealth can be done via tools such as wasiat and hibah. The diagram below shows the 5 areas of Financial Planning. (Note : Unit Trust is used for wealth creation & accumulation).
A main misconception to many muslims – upon demise, ALL HARTA PUSAKA will be subjeted to FARAID Principles. A truly misleading assumption which causes many muslims’ failure of not preparing their wasiat. Many still insist that if all harta pusaka is Faraid-able, then whats the point of drafting a wasiat ?
(Note : about 16 million muslims in Malaysia but only 200,000 wasiat prepared ie. less than 1% have wasiat)
Truth is, upon demise, 5 steps will have to be followed and that Faraid is the very LAST few step. Refer the diagram below.
Note the item “harta sepencarian” – spouse (commonly the isteri or isteri-isteri) can claim harta sepencarian up to 50% or half of all harta-harta accumulated during the marriage. If none is alloted in the wasiat, then the onus is on the wive(s) to proof in court that she is entitle to that 50% portion. So, women & wives, be smart and act intelligently by encouraging their beloved husbands to have a wasiat written and declare harta sepencarian accordingly.
Another tool that Islam provides – Hibah which is an amount of up to 1/3 of harta pusaka (balance after harta sepencarian) be given to non-faraid heirs (such as non-muslim family members, charity & wakaf, illegitimate children, anak angkat). This is the portion that one can sedekah to charitable purposes for future pahala.
Without a wasiat, distribution of harta pusaka may take years and an go beyond generation before it can be legally distributed. As such, wasiat facilitates ease of distribution and avoid confusion as illustrated below.
In addition, having a wasiat is important in determining guardian (penjaga) to underage children and being able to choose preferred Trustee and Executor (Pemegang Amanah & Wasi). Wasiat is most important to the following group of muslims :
What about the rightful Faraid recipients ? Siapa sebenarnya berhak menerima harta pusaka via the Faraid distribution ? Kebiasaannya anak perempuan akan dapat 1/2 dari bahagian anak lelaki. Bahagian isteri adalah 1/8 dan sekiranya lebih dari seorang isteri, maka mereka akan berkongsi bahagian 1/8 itu amongst the isteri-isteri. If yang meninggal si isteri, dan yang hidup si suami, he is entitled to 1/4 of the isteri’s harta, secara amnya.
A detail computation of faraid portions can be done at the following website’s e-faraid calculation http://mathc.usm.my/faraid/eng/default.htm
So I hope this short writing give you a little more understanding on faraid and importance of wasiat. Please do not wait much longer, act now.
For a RM450 wasiat with PB Trustee, please contact me at +012-203 7003 or +017-3104 171 segera.