Hibah, faraid & wasiat for your home
Quick answer: For Muslims, a deceased owner's home passes to the heirs under faraid — the shares set by Islamic law. Owners can plan ahead with hibah (a lifetime gift — property fully gifted is no longer part of the estate), a wasiat (capped at one-third and not to heirs unless the other heirs agree), and a spouse's harta sepencarian claim. This page is general information — get advice from a syariah lawyer or registered estate planner for your situation.
⏱️ 30-second summary
- Wasiat: Up to 1/3, not to heirs
- Hibah: Lifetime gift; not part of the estate
- Parent → child transfer: Stamp duty exempt (first RM1m)
- Where to ask: Syariah lawyer / Amanah Raya / Syariah Court
| Faraid | Hibah | Wasiat | Harta sepencarian | |
|---|---|---|---|---|
| When | After death | During life (hibah amanah: takes effect after death per the document) | After death | After divorce or death |
| To whom | Heirs set by syarak | Anyone the giver chooses | Non-heirs (heirs only with the other heirs' consent) | Spouse |
| Limit | Fixed shares | No ratio limit; the pillars of hibah must be complete | Up to 1/3 of the estate | Decided by the Syariah Court |
If the home still has a loan
- MRTT/MRTA or MLTT/MLTA settles the remaining loan if the borrower dies. See MRTA, MLTA, MRTT or MLTT.
- A home charged to the bank can't be transferred without the bank's consent, which is why many use a hibah amanah through a trust company: the home stays in the owner's name while alive and passes to the recipient after death, per the document.
- Joint names on the title don't mean the spouse inherits everything — the deceased's share still follows faraid unless there is a valid hibah. See joint home loans.
Transferring to a child during your lifetime
Transfers out of love and affection between parents and children (and grandparents and grandchildren) are fully exempt from stamp duty on the first RM1 million of market value, for citizens. Also check RPGT and land conditions — Malay reserve land can only pass to Malays, and Bumiputera-quota units carry state conditions.
This guide is general information, not a fatwa or legal advice. For rulings and specific cases, consult the Johor State Mufti Department, the Syariah Court or a syariah lawyer.
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Frequently asked questions
How is a deceased husband's home divided?
His share is divided among the heirs under faraid after debts and any wasiat are settled. The wife may also claim harta sepencarian at the Syariah Court before faraid is calculated.
What is the difference between hibah and wasiat?
Hibah is a lifetime gift to anyone with no ratio limit; a wasiat takes effect after death, is capped at one-third and can't go to an heir unless the other heirs agree.
Can I give a home with a loan as hibah?
A direct transfer needs the bank's consent because the home is charged. Many choose hibah amanah through a trust company, where the home passes to the recipient after death per the document.
Is there stamp duty on transferring a home to my child?
Transfers out of love and affection between parents and children are fully exempt from stamp duty on the first RM1 million of market value, for citizens. Legal and registration fees still apply.