Faraid Certificate (Malaysia)

A Faraid Certificate in Malaysia confirms in writing the status or facts it records for official or evidential use.

In Malaysia, Islamic law matters — including inheritance for Muslims — are regulated at the state level under the Federal Constitution, Schedule 9, List II (State List), which places Islamic personal law, including the administration of the estates of deceased Muslims, within state legislative competence. Each of the 13 Malaysian states and the Federal Territories has its own Syariah court hierarchy (Mahkamah Rendah Syariah, Mahkamah Tinggi Syariah, and Mahkamah Rayuan Syariah) and its own Administration of Muslim Law Enactment or Ordinance — for example, the Administration of Islamic Law (Federal Territories) Act 1993 for Kuala Lumpur and Putrajaya, and the Administration of Islamic Affairs Enactment for each respective state.

The Faraid Certificate serves as proof of the identity and entitlement of Muslim heirs recognised under faraid, enabling Amanah Raya Berhad (ARB) — the statutory trustee under the Public Trust Corporation Act 1995 — banks regulated by Bank Negara Malaysia, the Inland Revenue Board of Malaysia (LHDN), and other institutions to distribute assets of the deceased's estate to the correct beneficiaries in the correct proportions. Without a Faraid Certificate, financial institutions typically require a civil court Grant of Probate or Letters of Administration under the Probate and Administration Act 1959, which applies to non-Muslim estates.

The fixed shares under faraid are prescriptive: a surviving spouse, children, parents, and other blood relatives each receive a precisely determined fraction of the estate according to a hierarchy of heirs (asabah and dhawu'l-furud). Male heirs generally receive double the share of female heirs in the same class (Surah An-Nisa 4:11). The Faraid Certificate calculated by the Syariah court records these shares and the identity of each entitled heir, forming the legal basis for estate distribution.

Under Section 2(4) of the Distribution Act 1958 (as amended by Act A908), the distribution of movable and immovable property among Muslims in Malaysia is governed by Islamic law — specifically faraid — rather than by the statutory distribution tables applicable to non-Muslims. This means the Distribution Act 1958 shares do not apply to a Muslim decedent's estate, and only the faraid entitlements recorded in a Faraid Certificate govern the distribution.

A Faraid Certificate in Malaysia is required whenever the estate of a deceased Muslim is to be distributed among heirs in accordance with Islamic law.

A Faraid Certificate is needed when a Muslim Malaysian dies intestate (without a valid Will) and the family wishes to distribute the estate — including bank accounts with Bank Islam, Maybank, or other financial institutions regulated by Bank Negara Malaysia, EPF savings, shares, and real property registered under the National Land Code 1965 — among the legitimate heirs according to their faraid entitlements.

A Faraid Certificate is needed even when the deceased Muslim left a Will (Wasiat), since under Sunni Hanafi and Shafi'i jurisprudence followed in Malaysia, a Wasiat is valid only for up to one-third of the estate and only to non-heirs. The remaining two-thirds (or more) of the estate must be distributed under faraid, and the Faraid Certificate establishes the heirs' shares for this mandatory portion.

A Faraid Certificate is required by Amanah Raya Berhad (ARB) when it acts as administrator of a Muslim estate under the Public Trust Corporation Act 1995, as ARB must distribute the estate in accordance with Islamic law rather than civil law distribution rules.

A Faraid Certificate is needed when heirs wish to transfer real property registered at a State Land Office under the National Land Code 1965 from the deceased's name to the beneficiaries — the Land Office requires evidence of the Islamic entitlement of heirs, which the Faraid Certificate provides alongside the Transmission Order from the Syariah court.

A Faraid Certificate is required by banks regulated by Bank Negara Malaysia when releasing the deceased Muslim's bank balances and fixed deposits to the entitled heirs, and by the Employees Provident Fund (EPF) under the Employees Provident Fund Act 1991 when determining whether EPF savings are to be distributed under faraid or under a valid EPF nomination.

A Faraid Certificate is needed in probate proceedings before the civil High Court when the estate includes both assets subject to faraid and assets subject to civil law, requiring the court to ascertain the Islamic entitlement of Muslim heirs for the portion of the estate governed by faraid.

A Faraid Certificate application and supporting documentation in Malaysia must contain the following essential elements.

Deceased's Personal Particulars: The application must state the full legal name, NRIC number, date of birth, date of death, last place of domicile, and religion of the deceased. The deceased's religion as a Muslim must be confirmed — typically by the death certificate issued by the National Registration Department (Jabatan Pendaftaran Negara, JPN) under the Births and Deaths Registration Act 1957, and by a confirmation letter from the relevant state Islamic religious authority (JAIS, JAKIM, or equivalent).

List of Heirs: The application must identify all surviving heirs of the deceased — spouse(s), children (sons and daughters), parents (father and mother), paternal grandfather and grandmother, full brothers and sisters, half-brothers and sisters, and other agnatic (asabah) and uterine (dhawu'l-arham) relatives. Each heir must be identified by full legal name, NRIC number, date of birth, and relationship to the deceased.

Heirship Determination: The Faraid Certificate itself, as issued by the Mahkamah Syariah, sets out each heir's share (fraction of the estate) calculated under the faraid rules derived from Surah An-Nisa 4:11-12, 4:176, and the applicable fiqh texts followed in Malaysia (generally Shafi'i madhab).

Estimate of Estate: The application should provide an estimate of the deceased's estate — the value and nature of movable property (bank accounts, EPF savings, shares, vehicles) and immovable property (land and buildings registered under the National Land Code 1965) — to assist the Syariah court in determining whether any specific distribution orders are required.

Wasiat Declaration: The application should state whether the deceased left a valid Wasiat (Islamic will) and its terms. The Syariah court will confirm the permissible scope of any Wasiat (up to one-third of the estate to non-heirs) and integrate it with the faraid distribution.

Supporting Documents: The application to the Mahkamah Syariah must be accompanied by the deceased's death certificate, the applicant's NRIC, birth certificates of all heirs, marriage certificate(s) if the deceased had a spouse or spouses, and any Wasiat document. For property, the land title document (geran) or issue document of title from the relevant State Land Office should be included.

Court Fees and Processing: The Mahkamah Syariah charges prescribed fees for issuing the Faraid Certificate, which vary by state. Processing time also varies — typically two to eight weeks from the date of complete application — and the certificate is issued under the seal of the relevant state Syariah court.

Additional compliance elements for a Faraid Certificate (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.