Wasiat in Malaysia: An Introduction for Muslims
A wasiat is a declaration by a Muslim about how part of the estate should be dealt with after death. In Malaysia it works alongside Faraid, the Islamic inheritance rules that determine the fixed shares of eligible heirs.
A wasiat is generally limited to up to one-third of the estate and, as a general rule, is not made in favour of a Faraid heir without the consent of the other heirs. The remaining estate is distributed according to Faraid.
Legal Disclaimer: This application is an educational document drafting platform and does not constitute legal advice. Malaysian laws may change. Users should seek advice from a qualified legal professional where necessary.
Common uses of a wasiat
- Providing for someone who is not a Faraid heir, such as an adopted child
- Charitable giving, including waqaf or sadaqah
- Appointing a wasi (executor) to administer the estate
- Recording debts owed and owing so they can be settled
- Stating funeral and burial wishes
What a wasiat does not do
A wasiat does not replace Faraid, and it is not a way to redistribute the fixed shares of heirs. Its role is limited and complementary.
State law matters
Muslim estate matters in Malaysia are governed by Islamic law as applied in each state, and procedures differ between states. For a decision specific to your family, consult a qualified Syariah practitioner or the relevant religious authority.
Frequently asked questions
Prepare your wasiat details
Organise your heirs, assets, debts and wasiat wishes in one place, then confirm the arrangement with a qualified practitioner.
Related guides
- Preparing a Wasiat Online in Malaysia
How preparing wasiat details online works in Malaysia, what information to gather, and the steps that still need to happen offline.
- Wasiat vs Faraid in Malaysia
The difference between wasiat and Faraid in Malaysia, what each one governs, and how they combine when a Muslim estate is distributed.
- The One-Third Rule for Wasiat in Malaysia
What the one-third wasiat limit means in Malaysia, how it is measured, and the general rule about leaving a wasiat to a Faraid heir.