What Is Wasiat Wajibah? Statutory Provision for Orphaned Grandchildren in Malaysia

Imagine: your son dies before you, leaving young children. When you then pass away, those orphaned grandchildren are blocked by their uncles — receiving nothing from their own grandparents' estate. Classical faraid addresses this through an optional bequest (the grandfather is encouraged to make a will for them) or a lifetime gift (hibah).

What is wasiat wajibah?

Egypt's Law of Testamentary Dispositions 1946 introduced the concept of wasiat wajibah — adopting Ibn Hazm's view (the obligation to bequeath to non-inheriting relatives) and making it statutory: if the deceased made no bequest for their orphaned grandchildren, the law deems that bequest to exist.

Application of wasiat wajibah in Malaysia

Only some states provide for it — Selangor (Muslim Wills Enactment 1999, s.27), Negeri Sembilan (2004) and Melaka (2005). Features of the Selangor model:

1. Recipients: grandchildren through a SON who died before (or simultaneously with) the deceased. (Grandchildren through a daughter are not covered by the text — unlike Egypt; this is among the debated differences.)
2. Rate: the share their father would have received if still alive, not exceeding 1/3 of the estate.
3. Deductions: reduced by lifetime gifts / other bequests the grandchild has already received.
4. Condition: the grandchild must not be an heir. If they inherit directly (no other surviving son), wasiat wajibah does not apply.

Fiqh position

This is a statutory provision, not classical faraid — the majority of classical jurists did not obligate such a bequest (the obligatory view is the minority/Ibn Hazm position). Hence: in enacting states it is enforced by the courts; elsewhere, the solution returns to planning — hibah & optional bequests by the grandparents during their lifetime.

💡 The eFaraid Wasiat Wajibah Calculator computes the father's hypothetical share, the 1/3 cap, gift deductions and the 2:1 distribution among grandchildren — with a clear "enacting states only" disclaimer.