Islamic Will (Wasiat) in Malaysia: How to Write & Register Before It Is Too Late
•By wan mahersaham
Artikel ini juga tersedia dalam Bahasa Melayu
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Every time a Muslim passes away without a will, a long process begins. Assets get frozen, the courts must intervene, and family members sometimes feud for years. In Malaysia, thousands of estate cases are pending in the Syariah Courts and at Amanah Raya at any given time - most of them avoidable if the deceased had spent just a few hours writing a will.
But here is the irony: wasiat (Islamic will) is treated as trivial because it concerns death. A topic many avoid thinking about - until it is too late.
This article explains what wasiat is in Islam, why it differs from hibah and faraid, who should write one (the answer: nearly every adult), how much it costs, and the practical steps to register with Amanah Raya, As-Salihin, or banks in Malaysia.
Wasiat (from the Arabic wasiyya) is an instruction or directive made by a Muslim during their lifetime to be carried out after their death. It involves the distribution of part of one's estate to specific individuals or institutions, or special instructions such as the appointment of a wasi (executor) and a guardian for children.
Contrary to common perception, wasiat in Islam is not about distributing all of your wealth - that is the role of faraid (which takes effect automatically upon death). Wasiat only fills certain "gaps" that faraid cannot cover.
The ruling on wasiat in Islam is permissible (harus) and in certain situations becomes obligatory - for example, if you have debts that must be settled after death, or if you wish to leave something for a party not protected by faraid.
Without a will, your assets are distributed strictly according to faraid. This can cause several problems:
1. Assets get frozen
Bank accounts, CDS shares, real estate - all frozen until the estate process is complete. For small estates (under RM2 million), the Amanah Raya route can take 6 months to 2 years. For larger ones via the High Court, it can take many years.
2. Faraid does not cover non-heirs
Adopted children, an apostate spouse, close friends, or children born out of wedlock - all receive nothing under faraid. Wasiat lets you give up to 1/3 of your estate to them.
3. Waqf and outstanding debts hang in limbo
Debts owed by you must be paid first, and debts owed to you must be claimed. Without a will, family members may not know these even exist.
4. Guardianship of minor children
If you and your spouse die simultaneously (e.g. a road accident), who cares for the children? Without a will, the court decides - sometimes differently from your wishes.
5. Family conflict
Anecdotal data suggests more than half of Malaysian estate cases end in family disputes. A written will reduces ambiguity about the deceased's intentions.
These three concepts are often conflated. Here are the basic differences:
| Aspect | Wasiat | Hibah | Faraid |
|---|---|---|---|
| When it takes effect | After death | While alive | After death |
| Limit | Maximum 1/3 of estate | No limit | Fixed shares |
| Recipients | Non-heirs only | Anyone | Faraid heirs only |
| Revocable | Yes, anytime before death | No (once ownership transfers) | Not applicable |
| Witnesses required | Yes (4 Muslim witnesses) | Yes (2 witnesses) | None |
| Tax/zakat | Subject to faraid before distribution | None | Yes, before distribution |
An easy way to think about it: Hibah = give while alive. Faraid = automatic distribution. Wasiat = additional instructions for special cases.
For a deeper understanding of faraid and hibah, read Hibah & Faraid: Islamic Estate Inheritance in Malaysia.
This is the most important rule in Islamic wasiat. You cannot bequeath more than 1/3 of your net estate to non-heirs.
What is the net estate? According to the JAWHAR Manual on Islamic Wasiat Management, net estate is calculated after deducting:
The 1/3 limit is then applied after these deductions.
Example:
A wasiat exceeding 1/3 requires consent from all heirs after the testator's death. Otherwise, the excess is returned to faraid distribution.
This is the second most important point that many do not realise. According to the hadith of the Prophet Muhammad SAW: "There is no wasiat for an heir."
This means you cannot bequeath to:
The reason? They already receive their share through faraid. A wasiat to an heir is considered "double dipping" and unfair to the other heirs.
Exception: If ALL other heirs consent after the testator's death, a wasiat to an heir can be carried out. But this is rare given the difficulty.
So who CAN receive a wasiat?
Not everyone has an urgent need to write a wasiat. But if any of the situations below apply, the sooner the better:
1. You have adopted children
Adopted children do not receive faraid. Without a wasiat, they receive nothing from your estate.
2. You have children born out of wedlock you wish to provide for
Same principle - they are not faraid heirs and need a wasiat to receive any share.
3. You have undisclosed debts
Debts must be settled before faraid. A wasiat lets you document them clearly.
4. Your spouse is an apostate or non-Muslim
A non-Muslim spouse does not inherit from a Muslim under faraid. Wasiat can give them up to 1/3.
5. You wish to make waqf
Waqf for mosques, religious schools, or da'wah projects can be done through wasiat (within the 1/3 limit).
6. You wish to appoint a specific wasi
A wasi (executor) administers the wasiat. Without an appointment, the court decides - which can be slow.
7. You have minor children
To appoint a guardian you trust, you must state it in the wasiat.
8. Assets overseas
US shares, Singapore property, UK accounts - cross-border estate planning is more complex. A wasiat helps.
You have four main options to formally prepare a wasiat in Malaysia:
A trustee company 99.9% government-owned, established in 1921. It is the most mainstream and affordable option.
Suitable for: medium estates (RM200K - RM2 million), basic needs without special complexity.
A shariah-compliant trustee company with 21+ years of experience, per official information.
Suitable for: large estates (RM1 million+), complex estate plans, professional Islamic advice required.
Local banks offer wasiat writing services as part of their wealth management.
Suitable for: existing customers of those banks, looking for a one-stop shop for wealth + estate.
Each state has an Islamic Religious Council offering wasiat services. Selangor through MAIS is among the most active.
Suitable for: those who want an official state-backed source, or B40 individuals needing affordable services.
Here is the basic process to register a wasiat with ARB - it is broadly similar with other providers:
1. Schedule an appointment
Visit the nearest ARB or Hong Leong Bank branch, or use HLB Connect online.
2. Bring basic documents
3. Discuss with the service provider
They will ask detailed questions about:
4. Wasiat draft preparation
The provider prepares a written draft. You review and request changes if needed.
5. Sign with witnesses
The wasiat MUST be signed by:
6. Official custody
ARB stores the original document in a secure vault. You receive a copy and a registration certificate.
7. Update when needed
You may amend or revoke the wasiat anytime before death. Each amendment usually incurs an additional fee.
This is the reality many do not want to hear. If you die intestate (without a will) in Malaysia, several processes kick in:
For SMALL estates (under RM2 million):
For LARGE estates (RM2 million+):
For Muslims, part of the process involves the Syariah Court:
Throughout this period:
This is the main reason wasiat matters - it speeds up and simplifies the process for your family.
Avoid these pitfalls:
1. Wrong choice of witnesses
Witnesses MUST be adult Muslims, NOT beneficiaries, and NOT close family of the heirs. Witnesses violating these rules can invalidate the wasiat.
2. Wasiat exceeding 1/3 without planning for heir consent
The excess will revert to faraid - which can spark conflict after death.
3. Wasiat to heirs without planning
Not automatically valid unless other heirs consent.
4. Assuming KWSP/Tabung Haji nominees are enough
Nominees are merely administrators - the funds still return to the estate and are distributed by faraid.
5. Not updating after major life events
After marriage, divorce, having a new child, or buying major assets - the wasiat MUST be updated.
6. Storing the wasiat in a hard-to-find place
It has happened before - the wasiat is prepared but not found until years after death. Always store with an official institution (ARB, As-Salihin) or in a safe deposit box with clear access.
7. Not including instructions for digital accounts
Trading accounts, e-wallets, crypto, password managers - in the digital age, these need to be addressed.
Depends on provider: Amanah Raya RM350-950, As-Salihin RM1,500+, MAIS cheaper or free for asnaf, Islamic banks RM500-2,000.
Valid under shariah law if it meets the requirements (4 Muslim witnesses, adults, not beneficiaries). But execution will be difficult since no institution holds the original. Better to register with ARB/As-Salihin.
Not directly. The KWSP nominee is only an administrator - funds revert to the estate and are distributed by faraid. To give to non-heirs, it must come from the 1/3 wasiat portion.
No. Update only when there are major changes - marriage, divorce, having a child, buying/selling major assets, beneficiary changes, death of a witness or wasi.
A wasi is the person who carries out the wasiat - manages distribution, settles debts, files documents. A beneficiary is the person who receives the assets.
Yes. CDS shares are personal assets that can be included in a wasiat (for the 1/3 non-heir portion) or distributed under faraid (for heirs).
Your debts must be paid first from the estate before the remainder is distributed under faraid/wasiat. If debts exceed assets, heirs are not personally liable (except for joint debts).
Yes. An apostate spouse does not inherit under faraid but can be a wasiat beneficiary within the 1/3 limit.
A wasiat is not merely about money - it is about trust and final responsibility to your family. In Islam, it is a way to complete what faraid cannot do: provide for loved ones who are not heirs, appoint a trusted wasi, and simplify the process for your family.
The lowest cost is just RM350 with Amanah Raya, and the time required is less than an hour of discussion. Compared to the burden your family bears if you die intestate - years of process, thousands in lawyer fees, frozen assets - it is one of the most worthwhile investments people often delay.
While you sort out your estate plan, do not forget that long-term investment is also part of your family's financial legacy - what you build today is what they inherit tomorrow.
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