MahWengKwai & Associates’ Online Talks are presented by video conference to inculcate knowledge and awareness for our clients, potential clients and in-house counsel.
On 10 April 2020, our Partner, Sarah Kambali together with our Associate, Anis Mohd Sohaimi, both from the firm’s Syariah Estate Planning Department spoke on “Syariah Estate Planning: Wasiat & Hibah.”
Sarah explained the definition of a wasiat (will) and the elements of a wasiat. Sarah also highlighted that although for Muslims, faraid (law of succession) exists to ensure family members will receive a portion of our property, Muslims are still encouraged to prepare a wasiat to ease the process for those we leave behind. The importance of a wasiat was further emphasized and Sarah took the audience through a sample of a written wasiat.
Anis continued the discussion by clarifying the differences between a wasiat and a hibah (gift). Anis also elaborated on the role of hibah and explained how hibah is used to give Muslims more freedom to distribute assets rather than be restricted under the laws of faraid or wasiat. The discussion also included the advantages of hibah and the emergence of conditional hibah.