UIL2622/2722 (1720)

TUTORIAL 11

Question 1

Islamic Inheritance law determines the rights to inherit to a few specific groups among which
include the foetus in the womb of its mother, khunsa and a missing person.

Discuss their rights.

Question 2

Mat Azim is retired having made a success of his martial art business which he gave to his son as
hibah, Mat Ikram in October 2013. Mat Azim died two weeks week ago due to food poisoning,
leaving an estate worth around RM600,000 which consisted of a house, cash and investments.
Mat Azim had made a will, dated 15 December 2015. The following is an extract showing the
substantive provisions:

“1. I, Mat Azim bin Mat Gaban of Sungai Putat declare that this is
my last will. I have made and give half of my property to Kelab
Belia Bukit Kera.
2. The balance of the property will be divided equally to my wife,
Puan Shakila and our children Mat Hasan, Siti Senduk and Siti
Sudip.
3. If my wife fails to survive me I leave my estate equally to my
children I have at the date I die”.
Azim MG
Mat Azim bin Mat Gaban, Dated 15 December 2015.
In the presence of Abdul Kasim, Navin S. and Joanne L.
(Messrs. Awesome KNJ)

Note : Mat Hasan and Siti Senduk are twins. Neither is married or have children.

Mat Azim has previously married to Sharifah Serapah and have two children: a son, Ali born in
1989 and a daughter Aishah born in 1999. Mat Azim and Sharifah Serapah divorced in March
2003. He remarried to Puan Shakila in 2004. Both Ali and Aishah lived with Sharifah Serapah
following the breakdown of the marriage between Mat Azim and Sharifah Serapah.
UIL2622/2722 (1720)

(a) Discuss the validity of the hibah and will made by Mat Azim. Cite relevant authorities
and reasons in your answer.
(b) Based on your answer in Question (a), consider how the estate will be distributed among
the survivors according to faraidh law.
(c) It is later established that following the death of Mat Azim, it was discovered by the
police that Mat Azim has actually been poisoned by Puan Shakila and Siti Sudip. Both of
them were later convicted of conspiracy of murdering Mat Azim. Meantime, Puan Shakila is
pregnant of 3 month upon Mat Azim’s death.

Explain what effect, if any, this will have on their claim against the estate.