At Hijrah Institute, we understand the importance of proper estate planning in accordance with Islamic principles. Our Islamic Will & Faraid Services offer comprehensive guidance on Islamic estate planning, ensuring that your assets are distributed according to your wishes and in line with Sharia law.
In Islam, Wasiyyah, Hibah, and Faraid are terms related to the distribution of wealth, inheritance, and the giving of gifts. Each of these has specific legal and ethical meanings within Islamic law (Shariah):
1. Wasiyyah (وصية) - Will/Testament:
- Definition: Wasiyyah refers to a person’s will or testament, which is a legal declaration made by an individual regarding the distribution of their property or assets after death. It allows a person to specify how their estate should be distributed among heirs or others.
- Key Points:
- A Muslim can bequeath up to one-third of their estate to non-heirs (persons who are not already entitled to inherit under Islamic law), but cannot exceed this one-third limit without the consent of the heirs.
- The bequest (Wasiyyah) can be made for charitable purposes, family members, or other individuals who are not automatically entitled to inheritance.
- It is recommended to make a Wasiyyah to clarify any intentions regarding the distribution of assets, but it is not obligatory if the inheritance is to follow the rules of Faraid (Islamic inheritance law).
2. Hibah (هبة) - Gift:
- Definition: Hibah refers to a voluntary and unconditional gift given by a person to another, typically during their lifetime, without expecting anything in return. This can be done during one's life, and it is not a part of the inheritance system.
- Key Points:
- A Hibah is a gift where ownership of the item is transferred immediately, without the need for formal inheritance or a legal will.
- The gift can be given to anyone, but it must be done in accordance with Islamic principles (such as fairness) and should not affect the inheritance rights of others unfairly.
- If the giver is a parent and gives a gift to one child, it is recommended to treat all children equally to avoid disputes.
- Hibah is not automatically binding on heirs after the giver's death unless specified in a Wasiyyah.
3. Faraid (فرائض) - Obligatory Inheritance:
- Definition: Faraid refers to the fixed share of inheritance that is prescribed by Islamic law for heirs following a person's death. It outlines the distribution of the deceased’s estate among family members such as spouses, children, parents, and other relatives.
- Key Points:
- The shares of inheritance are defined in the Quran (specifically in Surah An-Nisa [4:7-13]) and are based on the relationship of the heir to the deceased. For example, a son may inherit twice the share of a daughter.
- In Faraid, heirs include children, parents, spouses, and in some cases, more distant relatives. Non-heirs, such as friends or charitable organizations, do not receive a share unless specified in the Wasiyyah.
- The system of Faraid ensures that inheritance is distributed fairly according to prescribed proportions, and it is obligatory for Muslims to follow these rules unless specific adjustments are made through a Wasiyyah.
Key Differences:
- Wasiyyah is a bequest made during a person's lifetime, often for non-heirs, and can be up to one-third of the estate.
- Hibah is a gift made during a person's lifetime, which can be given freely without any conditions.
- Faraid is the obligatory and fixed inheritance system determined by Islamic law, ensuring that relatives are provided for after death.
In summary, Wasiyyah allows for discretionary bequests, Hibah is for voluntary gifts, and Faraid is the mandatory system of inheritance outlined in Islamic law.
