FAQs

  1. As a mother, can i appoint a guardian for the property for my children?
    In Islam, only the father has the right to appoint a guardian for the property of his children.

  2. Can I trust your Islamic Estate Planner (IEP) to ensure confidentiality of my Wasiat?
    All IEPs must adhere to the company’s code of ethics and are professionally trained not to divulge the client’s information to an unauthorized third party, just like a lawyer and client relationship and that of a doctor and patient. More importantly, Wasiat-writing is the bread and butter of the IEP, thus he/she is not about to jeopardize that. The only persons who know the contents of the your Wasiat will be the IEP and the Legal Syari’ah Advisors of the company. If information is divulged to an unauthorized third party, the company will terminate the contract of the IEP concerned and his name and photo will be advertised to say that he is no longer an IEP, in addition to any possible legal action taken by you.
    Moreover, the Wasiat is only valid after you pass on, i.e. you can always rewrite your Wasiat.

  3. A lawyer friend tells me that he can keep my Wasiat in the custody of his law office. Why should i spend money to place my Wasiat in the custody of as-Salihin?
    as-Salihin is a duly registered Trustee Company and, under the law, has perpetual succession. The Wasiats in its custody are all insured. A law firm, however may cease to exist once the sole proprietor or all its partners die. In such a situation, your beneficiaries are not guaranteed a hassle-free time to retrieve your Wasiat. Why take such risks.

  4. I do not have much assets now to give away, so why bother about writing a Wasiat?
    Although you may not have much to give away now, writing a Wasiat is more about fulfilling an important aspect of Islam as reflected in the sunnah as narrated by Abdullah bin Umar R.A.
    Moreover, over the years your assets may grow and our Wasiat can cover future assets without re-writing it if you do not wish to do so. Besides, if you have minor children, you can also appoint Guardians for their property through a Wasiat.

  5. I have minor children and have kept some properties for their benefit. Can as-Salihin act as guardian of such property for the children?
    Yes, as-Salihin is so appointed.

  6. Is it possible for me to appoint as-Salihin to also be the legal guardian of my children?
    You can appoint as-Salihin to be the legal guardian only over the property of the minor but not over him personally. Personal guardianship must be appointed in accordance to Islamic law.

  7. Can as-Salihin act as custodian of my minor children?
    No, it cannot. The right of custody over children is given, principally, to close female relatives only.

  8. Wasiat written by lawyers is cheaper. Why should i write a Wasiat with as-Salihin?
    Lawyers do not provide home service at your own convenience. Many are too busy with appearances in court or have more urgent and rewarding legal matters. Lawyers may not be specialized in Wasiat-writing as it is not their main source of income and they usually have limited number of clients who would write Wasiat. Wasiat Custody is also not offered as part of their services. We, however, are specialist in Wasiat-writing and will give you personalized service at your own convenience in the privacy of your home or office. We also have in-house Wasiat legal advisors and a Board of Syari’ah Advisors to provide further support and check all Wasiats.

  9. I am a convert to Islam and my parents are still non-muslims. I understand that in Islam, parents have a definite share of inheritance in the event of a person's death. Can my parents inherit from me upon my death?
    Only Muslims may benefit from the inheritance of a Muslim. As your parents are non Muslims, they cannot inherit from you. However, you can will up to 1/3 of your assets to your non Muslims parent.

  10. I was unmarried when i bought an insurance policy where i named my sister as beneficiary. I have since married. Would my sister benefit under the insurance policy upon my death?
    In Islam, a deceased's property inheritable only upon death would have to be distributed in accordance with Faraid. Hence your sister’s position becomes that of a trustee (and not a beneficiary) and she is duty-bound to divide the property to qualified heirs under Faraid.

  11. I have named my spouse as nominee in my EPF form. Can my spouse benefit totally from my EPF account upon my death?
    According to a fatwa issued by the Majlis Kebangsaan Hal Ehwal Agama Islam Malaysia, nominees in the Employees Provident Fund, the Post Office Savings Bank and the Co-operative Societies Savings Schemes are in position of persons who carry out the wishes of deceased persons i.e. as trustees. Such nominees cannot benefit personally from the respective accounts but must divide the proceeds thereof according to Faraid.

  12. Who amongst my relatives can never be displaced under my inheritance?
    Subject to their being Muslims, your parents (how-high-so-ever), your spouse and your children can never be cut off from your inheritance.

  13. Can I benefit from my non-muslim relatives' inheritance if there is no Wasiat?
    No.

  14. I have divorced my spouse. Can that spouse claim for inheritance against my estate in the event of my death?
    Your divorced spouse cannot claim inheritance from your estate because, once divorced, a former spouse is not considered as a legal heir anymore. However, in the case of a divorced wife, if the spouse was divorced and your death occurs during her period of eddah, she would still be regarded as your legal heir and thus can benefit under your inheritance.

  15. I am an adopted child. Can i benefit under my adoptive parents' inheritance?
    No. However, your adoptive parents can will up to 1/3 of their estate or use any other estate planning instruments for your benefit.

  16. I am an illegitimate child. Can i benefit under my putative (unmarried) parents' inheritance?
    You can only benefit under your putative mother's inheritance.

  17. As I understand it, the Islamic law of inheritance (i.e. faraid) already determines a deceased person's heirs as well as their respective shares. Why should i waste my time and money to have a Wasiat written?
    Faraid provides distribution of inheritance for legal Muslim heirs. Wasiat, i.e. the Islamic Will, allows for the distribution of one-third of a deceased’s estate to needy non-heirs. A testator may have some poor non-heirs or charities in mind. Writing a Wasiat gives an opportunity for him to continuously receive rewards from Allah after death for his act of bequeathing part of his estate to some poor non-heirs or to charities and other Islamic purposes.

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