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Sebenornya itu ada di dalam sebuah Hadis.
Teman udah lamer buat WASIAT nya masukkan lam locker kat office.
Back to the main story here.
Perbalahan di dalam sistem FARAID ini berlaku keran ...
niceghost2005 Post at 22-3-2010 16:49 
benar, ilmu faraid, wasiat selalu dilupakan. ramai yg pikir bila dah tua nanti baru nak ambil tahu. walhal ramai yg mati muda.
bgmn pun muafakat membawa berkat. maksud muafakat ni contohnya katakan sy ni kerja besar & kaya raya. walau mcmn pun sy tetap berhak menuntut hak sy dlm faraid wlpn pun adik beradik lain papa kedana. So masa ni sy boleh pilih utk ikut faraid ataupun ikut muafakat, contohnya menghadiahkan hak faraid sy kpd adik beradik lain yg lebih memerlukan. tanpa muafakat boleh mengakibatkan keluarga jd porak peranda. adik beradik miskin yg menumpang di rmh pusaka boleh dipaksa keluar utk mencairkan harta tu (melainkan mrk mampu byr kpd sy nilai yg sepatutnya). dari segi hukum faraidnya mrk wajib keluar supaya rmh pusaka tu boleh dicairkan & nilainya diagih2kan ikut faraid. tapi dari segi moralnya?? |
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Perlu diingat sistem faraidh Islam itu melindungi golongan yang wajib menerima harta pusaka, seperti suami/isteri/ibu, anak perempuan/saudara perempuan dsbgnya.
Perkataan 'faraidh 'itu bermaksud fardhu, iaitu wajib diberikan kepada waris-waris yang disebutkan (dipanggil ahli fardhu) bahagian-bahagian mereka.
Waris asobah seperti anak lelaki, cucu lelaki dsbgnya, hanya mendapat lebihan dari harta setelah ahli yang fardhu itu selesai mendapat bahagian mereka. Itupun kalau ada baki. Kalau tak ada baki, waris asobah tak akan dapat apa-apa.
Kena faham konsep asas faraidh itu, iaitu melindungi ahli fardhu. |
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Perlu diingat sistem faraidh Islam itu melindungi golongan yang wajib menerima harta pusaka, seperti suami/isteri/ibu, anak perempuan/saudara perempuan dsbgnya.
Perkataan 'faraidh 'itu bermaksud fa ...
always_typo Post at 23-3-2010 08:24
Masih ramai yang fikir faraid ni adalah untuk jadi kaya. |
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and sum people use it as a tool to get free money hoccay... |
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and sum people use it as a tool to get free money hoccay...
True-X Post at 24-3-2010 13:52
Nothing is FREE in this world.
Nak beghak pung kena bayor weh......
Tanggungjawab tu ada.............
Ambik $$$ tapi takmo menjalankan tanggungjawab...................sendiri mau jawab laaaa
Tak ambik $$$ tapi takmo bertanggungjawab.................pung salah gak.
Sebab itu, ajarilah anak anak komer akan AGAMA ISLAM.
Semoga komer senang semasa lam kubur kelak. |
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Perlu diingat sistem faraidh Islam itu melindungi golongan yang wajib menerima harta pusaka, seperti suami/isteri/ibu, anak perempuan/saudara perempuan dsbgnya.
Perkataan 'faraidh 'itu bermaksud fa ...
always_typo Post at 23-3-2010 08:24
ada gak memberikan arti negatif kpd pkataan 'faraid'. contohnya "yabedabedoo!! jom kita paraidkan reta nih!' seolah2 lanun yg dpt lesen mbuat kekayaan. itulah akibatnya bila hati takda iman. faraid datang bersama tggungjwb, bukannya lepas amik reta terus blah tinggalkan anak bini aruah terkontan kantin. |
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pembahagian faraid secara umum:
Anak lelaki akan dpt 2/3.
Anak perempuan akan dpt separuh dari apa yg anak lelaki dpt.
Ibu akan dpt 1/6
Bapa akan dpt 1/6
Isteri akan dpt 1/8
tobby Post at 17-3-2010 09:11 
daripada total 'harta terkumpul', ia akan dibahagikan kepada bapa dan isteri dahulu. kemudian bakinya barulah diberikan kepada anak lelaki n anak perempuan.  |
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Sunday April 4, 2010
A wife's rights to hubby's assets
By SHAHANAAZ HABIB
[email protected]
KUALA LUMPUR: Very few Muslim women know that they are entitled to claim harta sepen­carian which can amount to half of their husband’s assets upon the latter’s death.
It is common for women to stake a claim for harta sepencarian (joint assets accrued during the marriage) in divorce but not in death, said AmanahRaya Legacy Services CEO Rafie Omar.
“This is because Muslim widows do not know their rights and entitlement. They think that if they have children, they are entitled only to one-eighth of the husband’s assets (under the faraid system) and if they have no children, they think they can get only a quarter of the husband’s assets.
“But women in Malaysia contribute to the success of their husbands, so the women should claim and are entitled to a portion of the harta sepencarian if they can show they contributed,” said Rafie in an interview.
He said this was on top of the faraid (Islamic inheritance law and distribution of estate) portion the wife would get.
Hence the difference between Case 1 and Case 2. In the first case, Zainab knew that as a wife, she could claim up to 50% of her spouse’s assets under harta sepencarian. So she received RM500,000 from her share of harta sepencarian and another RM62,500 as her faraid share (which is one-eighth of the remaining RM500,000).
Kamariah, on the other hand, was not aware of harta sepencarian and made no claim for it. As a result she received only RM125,000 which is one-eighth of RM1mil.
(In both cases, the rest of the money and assets were divided among the children with the boys getting twice the share of their sisters).
Under the faraid system, a wife with children would get one-eighth of her husband’s assets and she is entitled to a quarter of her husband’s assets if they have no children.
“If I die leaving RM100,000 in assets and my widow can show that she contributed to the sum, she is entitled to half of it and will get RM 50,000 first. Then from the remaining RM50,000, she will get her one-quarter share (if the couple has no kids) or one-eighth (with kids),” he said.
Rafie said even if the woman was a housewife who stayed home and looked after the kids, she could still claim for harta sepencarian.
“She can say that having a good wife at home made his life comfortable and easy for him to earn a living. If she can prove this in court, depending on the judge and evidence given, she is likely to be apportioned 30% to 50% of the harta sepencarian,” he added.
When such a claim is pending in court, Amanahraya (Malaysia’s premier trustee company) would suspend the faraid distribution until the matter is settled“We will pay the harta sepencarian entitlement first. And then distribute the balance under the faraid,” said Rafie.
Under the faraid system, if a wife has no children and no male relative, she gets a quarter of her husband’s assets and the remaining three quarters go to Baitul Mal (the treasury under the states’ Islamic councils), which is why it is important for her to claim the assets under harta sepencarian.
If the wife can prove to Baitul Mal that she was the one who paid for everything, it may even renounce its right to the assets.
On polygamous marriages, the wives should also know their rights to the harta sepencarian.
Citing an example, Rafie said that Mr A married Madam B for 20 years and acquired RM10,000 during their marriage. Then took a second wife, a Madam C, who is the daughter of a rich man. His business thrived because of her contacts and he subsequently acquired RM10mil. Later, he married Madam D and did not acquire much during his marriage with the third woman.
Would all his three wives be entitled to equal share after his death?
“If he leaves behind RM10mil upon death, it is not fair to his second wife if the wife’s portion of one-eighth under faraid is to be divided equally among the three wives (with each getting a 1/24 share). Because it was during his second marriage that he made his money. “So, his second wife should claim under the harta sepencarian that it was during his marriage to her that he became richer. She has to prove that it was the second marriage that made him richer and not the first or third. If she does that, she can walk away with up to 50% of his assets,” said Rafie.
Case 1: Zai­nab’s husband Ismail dies and leaves behind assets comprising savings, EPF and a link house worth a total of about RM1mil. They have two boys and two girls. She receives RM562,500 as her share from the assets.
Case 2: Kamariah is married to Sabri who leaves behind assets worth about RM1mil when he dies. However, she is apportioned only RM125,000. She too has two boys and two girls.
http://thestar.com.my/news/story.asp?file=/2010/4/4/nation/5992627&sec=nation |
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Post Last Edit by Acong at 5-4-2010 23:15
Sunday April 4, 2010
Heirs need not lose out
By SHAHANAAZ HABIB
The Muslim inheritance is a complicated matter and many are uninformed of the numerous ways to effectively provide for their heirs, especially women.
[email protected]
"Faraid provides the solution if a family can’t reach a settlement"- RAFIE OMAR
HASSAN died leaving behind his wife, two daughters and two sons. But before he died, he drew up a will for his assets to be divided equally among the five.
His wishes differ from the faraid (Islamic law of inheritance and distribution) system.
Under faraid, his wife gets 1/8 of his assets, the two sons are entitled to twice the portion of their sisters which means each boy receives 7/24 of the assets while the sisters take 7/48 each.
(In Islam, it is the male member’s responsibility to take care of the female members lik e his wife, daughters, mother, sisters and aunts, he nce the male is entitled to two portions of the female’s share.)
So would Hassan’s last wishes be accepted or would the faraid system override it?
The final decision rests with the family members.
AmanahRaya Legacy Services’ CEO Rafie Omar says Hassan’s wishes will be carried out if all his heirs agree to it.
“Many Mu slims mistakenly think that the faraid comes first. But in Islam, faraid is in fact second to family settlement.
“Faraid is the law for distribution of estate upon death if the family can’t reach a settlement themselves. If all the heirs agree that everything should go to the mother – despite the faraid portion they are entitled to – will that be a problem?
No, there won’t be any problem.
A fair solution
“Faraid pr ovides the solution if a family can’t reach a settlement,” he says.
So in the case of Hassan, if they all agree and say: “Yes, let’ s follow father’s wishes and divide it equally”, then it will be done, says Rafie.
One crucial point is that the agreement from the heirs must come after the person’s death. It is not enough to have them agree – even in writing – before the person’s death.
Because they can change their minds after their loved one is gone, the agreement made prior to the death becomes null and void.
However, from experience, R afie finds when the heirs rea d the will, they normally agree with it and it i s carried out.
In the case of Hassan, if one of his sons opposes the equal distribution and fights for his two portion share, then the faraid system kicks in.
“The son who objects gets his two portions first, then the balance of the estate would be distributed equally among the remaining four,” explains Rafie.
And from AmanahRaya’s experience, he says, usually even if one family member disagrees with the will and insists on collecting his portion, the others would stillgo along with the will.
AmanahRaya Legacy Services Sdn Bhd (ARLS) is the wholly owned subsidiary of AmanahRaya Bhd, the country’s premier trustee company; its services inc lude will writing, trust accounts, legacy management and estate administration services.
It is the main player in the market for writing wills for Muslims. So far, ARLS has written 302,972 wills or wasiat for Muslims and 34,480 for non-Muslims.
The faraid inheritance list apportions the asset based on more than 100 combinations of heirs. For full list, refer to the AmanahRaya website www.arb.com.my Unlike a non-Muslim will, the Muslim wasiat is unique because a person is allowed to will only up to 1/3 of his assets – a nd generally that goes to non-heirs.
This is because the share for heirs is already provided for through the faraid system.
The 1/3 ruling came into existence during the Holy Prophet’s time when one of his companions who was sick, wanted for all of his assets after his death to be given to charity and the Prophet said ‘no’.
He then asked if he could donate half to charity and again the Prophet said ‘no’; and when asked what about 1/3, the Holy Prophet said ‘yes’ adding, however, that “it is better to leave your heirs rich than poor and begging.”
Despite the 1/3 rule, Rafie says a Muslim here can still will all his assets or more than 1/3 to a non-heir, including a charity. “But when he dies and the wasiat is to be implemented, if his next-of-kin objects, then the non-heir is entitled to 1/3 maximum.
However, if all the heirs agree that the whole estate goes to the non-heir as stated in the will, then it will be done,” he says.
“With the Muslim wasiat, consent of the heirs is fundamental,” explains Rafie. So can a person then name an heir for the 1/3 portion?
Again, Rafie says, this is subject to approval from all the other heirs. If an heir is named for the 1/3 portion, then he would in f act be getting extra as he is already entitled to a share under the faraid distribution.
But if everyone agrees to it, then it will be implemented.
Rafie says heirs too can do a ‘takharuj’ which is renouncing their right to their share of the assets. Citing a court case in the 1980s, he says a wealthy Muslim man in KL died, leaving a lot of assets and properties but since all his children were already doing well financially, none of them wanted a share of the assets.
“So they all agreed to ‘takharuj’ and give it all to the grandchildren. That’s not faraid. But that’s not a problem since al l the heirs agreed to it.”
Unique features
There are other unique features in the Muslim wasiat.
The debts of the dead person must be settled first, however, before the assets can be distributed. After that, comes the 1/3 portion as stated in the will – that must be given out next. Only after that will the family get their share through either family settlement or faraid.
By comparison, in a non-Muslim will, a person can deliberately exclude an heir from inheritance by making that intentio n very clear in the will.
But with Muslim wills, such an exclusion is not possible.
An heir is an heir and regardless of w hat is stated in the wasiat he is entitled to a share of the inheritance under faraid – unless he himself takharuj (gives up the right).
The faraid system is not without its critics, particularly when it comes to women and Muslim converts. With regards to family settlement, it does not work when it comes to families with all female heirs (see Seeking a just and fair share for all).
Some argue that present day realities are different and rules should evolve to meet the times while others argue th at faraid is God’s law and is not be tampered with.
With regards to family settlement, it does not work when it comes to f amilies with all female heirs.
Rafie suggests that Muslims use other instruments available to them such as hibah (gifts) and trust funds to distribute their assets whichever way they want and to whoever they want while they are still alive.
“Wasiat is not the solution,” he ad ds. Citing an example, he says, if a father with three children wants to leave all his money and house to his second daughter because she is the one who takes care of him in his old age, he can do that.
What he should do is to give it to her now (inter vivos) and transfer everything to her name while he is still alive so it cannot be challeng ed later on.
Otherwise, he notes, even if his other two children give their consent during the father’s lifetime, once he is dead, they can withdraw their consent and make their claim for it under the faraid. Similarly, Rafie advises Muslims to hibah (give) to those not entitled to a share under the faraid system such as a sister, an adopted brother or a non-Muslim family member if you would like them to get something from you.
“So give what you want now when you are still around,” he says.
An unusual feature of the hibah is that when it is from a parent to his child or grandparent to his grandchild, it can be revoked. If the parent or grandparent asks for his gift or house back, for whatever reason, the child or grandchild has a Syariah obligation to return it.
But if it is a gift to other people, then it cannot be revoked.
Another instrument is a trust fund for their loved ones.
Rafie says parents should consider transferring a sum of money or a ssets in a trust for their offspring.
“So when I die, I leave no estate behind; so there’s nothing others can claim. The trust fund for my child or children will not be frozen because it is theirs and not part of my estate.”
The parent can manage and control the fund while he is alive and when he is dead, the appointed trustee would manage it acc ording to what he has been instructed.
“Not many people know this but our trust funds give out a dividend of 4.5% annually. So if you put in RM100,000, you can enjoy a dividend of RM4,500 a year while you are still alive or you can plow it back to the fund so that it is compounded.”
Another interesting alternative much practised in the past, says Rafie, is for a parent to transfer a piece of land from himself to himself as a trustee for a particular child or children.
“So when he dies, what is the status of the land? The land is not his estate. The land is the trust property for those children.
And they can then organise the estate so that the land is transferred to them.
“A lot of people have forgotten this.
Muslims can do this and non-Muslims can too,” he says.
One other aspect not to be forgotten is, of course, insurance policies and the EPF savings.
For Muslims, the beneficiary does not take all the money. He plays the role as executor and is responsible for distributing it according to the faraid or family settlement.
http://thestar.com.my/news/story.asp?file=/2010/4/4/focus/20100404072609&sec=focus |
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Post Last Edit by Acong at 5-4-2010 23:10
Sunday April 4, 2010
Seeking a just and fair share for all
By SHAHANAAZ HABIB
[email protected]
AISHAH had always dreamt of a good family life, with a great husband and four or five children running around.
As luck would have it, she met a wonderful man, Kamil, and after a year they got married.
Ten years later, they were still childless but happy.
Recently, tragedy struck. Kamil who was in his mid-30s died of a heart attack, sparking an unexpected crisis for Aishah.
Playing fair: Female entitlement and men getting twice the share of the female in Islam is driven by a certain logic – where a man is held responsible for the maintenance and support of the women in his household whether she is married or unmarried. – AFP
The couple had always lived in Kamil’s family home. He was an only child and had inherited the house from his mother when she died. Although Kamil’s mother had fully paid for the house 30 years ago, Aishah is now in danger of losing it.
Under the faraid law of the Shafie school of thought (which is practised in Malaysia), a wife with no children and no male relatives on the husband’s side inherits only 1/4 of her husband’s home.
The remaining 3/4 goes to Baitul Mal, the treasury body within the state’s Islamic religious council.
(The Hanafi and Hambali schools of thought, which are also from the Sunni tradition, differ from the Shafie (and Maliki) school in their faraid system where Baitul Mal does not stand to inherit. After the initial distribution, if there is any balance, under Hanafi and Hambali schools, it reverts back to the female heirs where there is no male.)
A very worried Aishah says she is still in shock.
“I don’t know what to do. I was told that I can ‘redeem’ the house by paying Baitul Mal the 3/4 portion and at today’s market value, I have to fork about RM200,000 (75% of the market value).
“Where am I going to get that kind of money from? My husband just died and I have to start worrying about my future and making ends meet.
“And now I don’t even have my home. My mother-in-law paid for that house! And it was our home for 10 years and now they want to take it! Where am I going to go? I feel so insecure and vulnerable,” says a desperate Aishah.
In another case, Faris was riding pillion on his uncle’s motorbike when a lorry rammed into them, killing them both instantly.
"The syariah is there to serve the cause of justice and not to apply rules for the sake of rules"- PROF DR MOHAMMAD HASHIM KAMALI
Since his father had already passed away, Faris’ mother is now the sole heir and she inherits 1/3 of Faris’ assets while 2/3 goes to Baitul Mal.
But if it was Faris father – not his mother – who was alive and the only surviving relative, he would have inherited Faris’ entire estate and nothing would have gone to Baitul Mal. Director-general of the Wakaf, Zakat and Haji department (Jawhar) at the Prime Minister’s Department, Datuk Dr Sohaimi Mohd Salleh, says everyone, especially husbands, fathers and brothers, should not wait to have their wealth apportioned upon their death.
“They should hibah (give) now when they are alive. That way the girls can get more. The girls can even get everything. A person should be wise. He should understand Islam.
“If his kejahilan (ignorance) is the reason his money goes to someone else, why blame others,” he said in an interview.
Datuk Dr, jika umah ko kena rompak, nape nak salahkan perompak? 
Under the Shafie faraid system, he points out that Baitul Mal inherits when the person has no heir; has an heir but the person is ineligible to receive the inheritance because he is a non-Muslim or for other reasons (such as he is the dead person’s murderer or an apostate); has an heir but there is “excess or balance” in the distribution according to faraid. Defending the system, Dr Sohaimi stresses that it “does not totally discriminate women” and women can still go to Baitul Mal to seek help. After all, Baitul Mal uses the money for public welfare and to help the poor and other needy groups.
Why can’t Malaysia then can’t follow the Hambali and Hanafi faraid law (which are after all also Sunni) whereby if there is no male heir, the remaining portion reverts wholly to the woman heir – instead of Baitul Mal – as that would seem fairer to women?
“We are of the Shafie school of thought. So we have to follow the Shafie system. We can’t ikut sedap kita (just take what we please),” says Dr Sohaimi.
kalu aku laa wartawan tu, mesti aku tanya Dr Sohaimi, camne ko blh lak ikut hukum lain di mekah? 
However, an expert on Islam, Prof Dr Mohammad Hashim Kamali, raises a pertinent point.
“Did Islam consist of the Shafie, Hanafi, Hambali, Maliki schools of thought during the Prophet’s time and of the leading caliphs and companions during the time of pristine Islam?” he asked.
Dr Hashim, chairman and CEO of the International Institute of Advanced Islamic Studies (IAIS), points out that the mazhabs (schools of thought) only became predominant centuries later.
The Quranic laws of inheritance, he adds, is a fine construction and the problem is that if you interfere with one part, then other parts too are affected.
But he points out that the syariah’s ultimate goal is for justice.
“This is the mega principle of Islam. The syariah is there to serve the cause of justice and not to apply rules for the sake of rules.
Dr Hashim points out there are “situations of inheritance” whereby in the absence of legal male heirs, the remaining wealth is reverted back to the female heir through a formula called RADD.
RADD is an accepted formula of the Islamic law of inheritance whereby a legal heir is entitled to a larger share by return of the leftover of assets after the initial instance of distribution.
For example, if a father dies leaving only a daughter as his sole heir, she will get half his assets through the faraid entitlement and the remaining half will revert to her under the principle of RADD, and Baitul Mal gets nothing.
“There are certain formulas that remedy situations when normal rules, when applied, will not deliver a fair outcome. Then you go to those exceptional formulas. You have to have those formulas at hand,” says Dr Hashim.
He adds that while the various schools of Islamic jurisprudence differ in their degree of acceptance of the RADD, this could perhaps be applied with greater flexibility in the interest of fair dealing and ihsan (goodness).
Dr Hashim explains that female entitlement and men getting twice the share of the female in Islam is driven by a certain logic - where a man is held responsible for the maintenance and support of the women in his household whether she is married or unmarried.
Before marriage, she is the responsibility of her father or another male relative and after marriage, that responsibility goes to her husband.
“The male relative is obliged to support a woman and that is the rationale for the larger share. But now, you may have a situation where the woman is the only bread-winner and sometimes a woman even supports a male relative.
“We have text and scriptural injunctions of the Quran such as inheritance based on a certain logic but that logic has now changed. Are you open to changing the laws?
“Some would say ‘no’ you can’t open the text to this kind of rationality while others would say ‘yes’ because we have had similar situations in the Quran where non-Muslim citizens in a Muslim state must pay the jizzya (poll tax) while Muslims pay the zakat.
“But we have moved away from that. Now everyone, regardless of religion pays income tax. The logic and rationale for that has changed so we don’t apply the jizzya anymore,” he said.
Islam was very open in its first 100 years, he says, where the Caliphs discussed and consulted and looked to the Quran and Hadis to find a relevant and fair solution to issues.
They applied isthisan (reasoning in the nature of jurisdictional preferences) in addressing situations when the results would go against the spirit of justice if normal rules of law were applied.
He suggests that isthisan could be used here to apply to cases of distribution and inheritance that seem unfair.
He says while judges here apply the Shafie school of law first, they are also allowed to look at the other three Sunni legal schools (Hanafi, Hambali, Maliki) “whenever they feel it would serve justice in a better way”; after all, one of the principles of Islam is ehsan, which is being good and fair to people. |
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Room for appeal
When it comes to reality, the Selangor Islamic Religious Council (MAIS) says it does have a heart.
Denying that Baitul Mal is unjust to women, deputy secretary Abdul Halem Hapiz Salihin says “we are only accepting what we are entitled to under the law.”
Undang2 siapa? Allah punya atau yg manusia ada2kan? 
“There have been instances where we have given the house to the women, especially if she is the only child. There have been also cases where we have reduced the amount the woman needs to pay to redeem the land or house. We do take this into consideration,” he said.
AmanahRaya Legacy Service CEO Rafie Omar too says that it is a wrong perception to think that Baitul Mal is there to grab people’s land or assets. He says women can appeal to Baitul Mal and they will listen.
“I know for a fact that in the Federal Territory, a wife can go to Baitul Mal and present her case and for deserving cases, Baitul Mal will renounce their right or share to the asset; not always but for deserving cases.”
Next week: the issue of Muslim converts and inheritance
http://thestar.com.my/news/story.asp?file=/2010/4/4/focus/5988816&sec=focus
yg baik adalah drpd Allah & yg buruk datang dari manusia......! |
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so, jika sorg muslim convert mati tanpa meninggalkan wasiat, adakah parents yg non-muslim akan mati kebulur?  |
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Di zaman Rasulullah apabila mati seorang umatnya segala harta bendanya dibawa kepada Rasullulah. Rasullullahlah yang menentukan agihannya kepada anak cucu atau sesiapa yang memerlukan.
Faraid sekarang sekarang aku tak taulah pulak siapa yang membahagikan harta tu. Jadi yang tak memerlukan pun dapat, kekadang yang memerlukan tak dapat kalau dapat ciput aje. |
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Masalah baitul mal yang tidak memainkan peranan yang sepatutnya... sibuk buat pelaburan itu ini sedangkan peruntukan berbentuk "direct contribution " kepada masyarakat pincang dan memerlukan tak seberapa dan ketara.
Kalau masyarakat dapat melihat peranan aktif baitul mal dalam membantu kepincangan dalam masyarakat, mungkin ramai yang tak merasa pedih sangat bila harta pesaka mereka diambil oleh baitul mal, kerana mereka tahu wang itu adalah untuk kebajikan mereka dan masyarakt juga.
Kena sedar, Allah dah tetapkan bahagian itu adalah hak masyarakat. Kalau dah usaha tapi tak dapat, redhakan saja. Mungkin nanti Allah akan berikan rezeki dengan cara yang lain pula yang tak disangka-sangka. Bersangka baik dalam agama. |
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hmmm, good thread...
aku nak tanya caner plak kalo situasinya si mati ada harta peninggalan beberapa shoplot yg masih blom settle bayarannya disebabkan si mati x amik insuran nyawa semasa mengambil pembiayaan shoplot2 berkenaan.
let say tempoh selesai bayaran adalah selama 15 tahun dan si mati meninggal selepas 5 tahun pembayaran shoplot2 berkenaan dijelaskan. Jadi masih terdapat baki 120 bulan pembayaran perlu dijelaskan yg wajib ditanggung oleh keluarga si mati.
Kesemua bayaran bulanan shoplot2 berkenaan telah dijelaskan oleh isteri si mati dgn bantuan anak2 beliau dgn penuh susah payah.
Masalah yg timbul adalah si mati meninggal sebelum ibunya mati jadi dari segi faraid maka ibu si mati berhak mendapat 1/6 dari bahagian harta berkenaan.
So persoalan yg aku nak timbulkan adakah si ibu berhak mendapat 1/6 dari jumlah harta peninggalan si mati atau sekadar jumlah dari 1/3 (diambil jumlah yg dibayar ketika se mati masih hidup iaitu 5 tahun dari 15 tahun)??
mohon pencerahan buat aku yg sedang kusut?? |
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hmmm, good thread...
aku nak tanya caner plak kalo situasinya si mati ada harta peninggalan beberapa shoplot yg masih blom settle bayarannya disebabkan si mati x amik insuran nyawa semasa mengambil pembiayaan shoplot2 berkenaan.
let say tempoh selesai bayaran adalah selama 15 tahun dan si mati meninggal selepas 5 tahun pembayaran shoplot2 berkenaan dijelaskan. Jadi masih terdapat baki 120 bulan pembayaran perlu dijelaskan yg wajib ditanggung oleh keluarga si mati.
Kesemua bayaran bulanan shoplot2 berkenaan telah dijelaskan oleh isteri si mati dgn bantuan anak2 beliau dgn penuh susah payah.
Masalah yg timbul adalah si mati meninggal sebelum ibunya mati jadi dari segi faraid maka ibu si mati berhak mendapat 1/6 dari bahagian harta berkenaan.
So persoalan yg aku nak timbulkan adakah si ibu berhak mendapat 1/6 dari jumlah harta peninggalan si mati atau sekadar jumlah dari 1/3 (diambil jumlah yg dibayar ketika se mati masih hidup iaitu 5 tahun dari 15 tahun)??
mohon pencerahan buat aku yg sedang kusut?? |
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Reply 116# axl_bach
Perlu dingat faraidh hanya boleh dilakukan SETELAH dijelaskan semua hutang si mati. So tak ada masalah di sini wang tersebut digunakan dahulu utk menjelaskan hutang rumah tersebut sebelum dibahagikan.
Ini dalil dari surah An Nisa' ayat 11
4-11: Allah mewasiatkan kepada kamu mengenai anak-anak kamu, bahawa bahagian seorang anak lelaki sama dengan bahagian dua orang anak perempuan. Jika anak-anak perempuan melebihi dua orang, maka bahagian mereka dua pertiga daripada harta yang ditinggalkan. Dan jika hanya seorang sahaja (anak perempuan), maka dia memperolehi separuh (daripada harta yang ditinggalkan). Dan bagi kedua-dua ibu bapa (si mati), masing-masing (mendapat) satu perenam daripada harta yang ditinggalkan, sekiranya yang meninggal itu mempunyai anak. Jika dia tidak mempunyai anak dan ahli warisnya hanya kedua-dua ibu bapanya, maka bahagian ibunya satu pertiga. Jika yang meninggal itu mempunyai beberapa orang saudara, bahagian ibunya satu perenam, sesudah wasiatnya dipenuhi dan hutangnya dijelaskan. |
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Reply axl_bach
Perlu dingat faraidh hanya boleh dilakukan SETELAH dijelaskan semua hutang si ma ...
always_typo Post at 28-2-2012 08:41
trimas sbb bagi respon....
soklan aku bukan guna wang peninggalan si mati utk bayar baki pembiayaan bank utk shoplot2 berkenaan sbb si mati x meninggalkan wang hanyalah shoplot2 berkenaan yg di"miliki" oleh si mati pada nama pemilik sedangkan shoplot2 tersebut masih merupakan milik bank disebabkan si mati tidak mengambil insuran nyawa ketika membeli shoplot2 berkenaan.
Si mati hanya sempat melangsaikan 5 tahun dari jumlah 15 tahun tempoh bayaran balik pembiayaan maksudnya baki 10 tahun bayaran pembiayaan diselesaikan oleh isteri si mati dgn bantuan anak2 menggunakan wang hasil kerja keras mereka sekeluarga.
Masalah yg timbul adalah ibu si mati layak mendapat 1/6 dari jumlah penuh nilai shoplot2 berkenaan ataupun sekadar 1/6 dari 1/3 nilai shoplot2 berkenaan......
mohon pencerahan dari yg bijaksana.... |
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mohon pencerahan.
aruah bapa saya meninggal sebelum ibunya (nenek saya sebelah bapa) dan meninggalkan isteri (ibu saya), 2 anak lelaki dan 3 anak perempuan. Semasa dalam proses membahagikan harta peninggalan ayah saya ibunya (nenek) meninggal dunia. Adakah bahagian nenek saya itu perlu dibahagikan kepada anak-anak nenek saya ( iaitu ibu saudara dan bapa saudara sebelah bapa)
Terima kasih. |
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nica posted on 15-8-2014 06:31 PM
mohon pencerahan.
aruah bapa saya meninggal sebelum ibunya (nenek saya sebelah bapa) dan meningga ...
Ya. Kena faraid.
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Post time 22-3-2010 08:04 PM
Post time 23-3-2010 09:07 PM
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