Table 1 Comparison of waṣiyyah wājibah... | Emerald Publishing

Table 1

Comparison of waṣiyyah wājibah practices in State Enactments and MKI

Themes		EWOINS2016	EWOINS2004	EWOINM2005	EWOINK2009	EWOINP2017	EWAOINS2018	MKI
Section name and section number		Part VIII Wasiat Wājibah Wasiat kepada cucu (Bequest to grandchildren) (27)	Part VIII Wasiat Wājibah Bekues kepada cucu (Bequest to grandchildren) (27)	Part VIII Wasiat Wājibah Bekues kepada cucu (Bequest to grandchildren) (27)	Part VIII Wasiat Wājibah Wasiat kepada cucu (Bequest to grandchildren) (27)	Part VIII Wasiat Wājibah (30)	Part VIII Wasiat Wājibah Wasiat kepada cucu (Bequest to grandchildren) (27)	Not related for both sections
Waṣiyyah wājibah beneficiaries		Grandchildren from son's or daughter's side	Grandchildren from son's side	Grandchildren from son's side	Grandsons and granddaughters from son's and daughter's sides	Grandchildren from son's or daughter's side	Grandchildren from son's side	Grandsons and granddaughters from son's and daughter's sides and downwards
Conditions for enforcing waṣiyyah wājibah		Father or mother died prior to grandfather or grandmother	Father died prior to grandfather or grandmother	Father died prior to grandfather or grandmother	Father or mother died prior to grandfather or grandmother	Father or mother died prior to grandfather or grandmother	Father died prior to grandfather or grandmother	Father or mother died prior to grandfather or grandmother
		Father or mother dies simultaneously with grandfather or grandmother	Father dies simultaneously with grandfather or grandmother	Father dies simultaneously with grandfather or grandmother	Father or mother dies simultaneously with grandfather or grandmother in similar or dissimilar circumstances	Father or mother dies simultaneously with grandfather or grandmother	Father dies simultaneously with grandfather or grandmother	Father or mother dies simultaneously with grandfather or grandmother
Requirements for waṣiyyah wājibah	(a) Not estate beneficiaries	Yes	Yes	Yes	Yes	Yes	Yes	Yes
	(b) Religion	Beneficiaries' father or mother is Muslim	Not specified	Not specified	Beneficiaries are not religiously different from their father or mother	Beneficiaries are not religiously different from their father or mother	Not specified	Beneficiaries are not religiously different from their father or mother
	(c) Receiving bequest or inter vivos	Beneficiaries do not receive inheritance by bequest or inter vivos from grandfather or grandmother If the beneficiaries have succeeded to the estate by bequest or inter vivos, they still can receive the waṣiyyah wājibah subject to not being beneficiaries by farāʾiḍ, beneficiaries' father or mother is Muslim and not involved in the murder	Beneficiaries do not succeed to the estate by bequest or inter vivos from grandfather or grandmother	Beneficiaries do not succeed to the estate by bequest or inter vivos from grandfather or grandmother	Beneficiaries do not succeed to the estate by bequest or inter vivos from grandfather or grandmother	Beneficiaries do not succeed to the estate by bequest or inter vivos from grandfather or grandmother	Beneficiaries do not succeed to the estate by bequest or inter vivos from grandfather or grandmother	Beneficiaries do not succeed to the estate by bequest, endowment (waqf), or inter vivos from grandfather or grandmother
	(d) Not involved in the murder	Beneficiaries are not involved in the murder of grandfather or grandmother	Not specified	Not specified	Beneficiaries are not involved in the murder of father or mother	Beneficiaries are not involved in the murder of father or mother Beneficiaries are not suspiciously involved in the murder of father or mother Beneficiaries are not false witnesses who cause the father or mother to be executed	Not specified	Beneficiaries are not involved in the murder of father or mother
Proportion		Father's or mother's farāʾiḍ proportion and less than one-third from total grandfather's or grandmother's estate	Father's farāʾiḍ proportion and less than one-third from total grandfather's or grandmother's estate	Father's farāʾiḍ proportion and less than one-third from total grandfather's or grandmother's estate	Father's farāʾiḍ proportion and less than one-third from total grandfather's or grandmother's estate	Father's farāʾiḍ proportion and less than one-third from total grandfather's or grandmother's estate	Less than one-third from total grandfather's or grandmother's estate	Father's or mother's farāʾiḍ proportion and less than one-third from total grandfather's or grandmother's estate
Methods of waṣiyyah wājibah distribution among beneficiaries		Single beneficiaries –Succeed to whole waṣiyyah wājibah proportion Two or more grandsons or granddaughters – Succeed equally Grandson (single or more) and granddaughter (single or more) – Two parts for grandson and one part for granddaughter	Not specified	Not specified	Not specified	Farāʾiḍ – Two parts for grandson and one part for granddaughter	Not specified	Farāʾiḍ – Two parts for grandson and one part for granddaughter
Waṣiyyah wājibah arrangement		1. Funeral 2. Ordinary bequest 3. Debt	Not specified	Not specified	1. Funeral 2. Ordinary bequest 3. Debt	1. Funeral 2. Ordinary bequest 3. Debt 4. Incomplete worship services (Zakat and pilgrimage representative's payment) 5. Farāʾiḍ distribution	Not specified	1. Funeral 2. Ordinary bequest 3. Debt

Themes		EWOINS2016	EWOINS2004	EWOINM2005	EWOINK2009	EWOINP2017	EWAOINS2018	MKI
Section name and section number		Part VIIIWasiat WājibahWasiat kepada cucu (Bequest to grandchildren)(27)	Part VIIIWasiat WājibahBekues kepada cucu (Bequest to grandchildren) (27)	Part VIIIWasiat WājibahBekues kepada cucu (Bequest to grandchildren) (27)	Part VIIIWasiat WājibahWasiat kepada cucu (Bequest to grandchildren)(27)	Part VIIIWasiat Wājibah (30)	Part VIIIWasiat WājibahWasiat kepada cucu (Bequest to grandchildren) (27)	Not related for both sections
Waṣiyyah wājibah beneficiaries		Grandchildren from son's or daughter's side	Grandchildren from son's side	Grandchildren from son's side	Grandsons and granddaughters from son's and daughter's sides	Grandchildren from son's or daughter's side	Grandchildren from son's side	Grandsons and granddaughters from son's and daughter's sides and downwards
Conditions for enforcing waṣiyyah wājibah		Father or mother died prior to grandfather or grandmother	Father died prior to grandfather or grandmother	Father died prior to grandfather or grandmother	Father or mother died prior to grandfather or grandmother	Father or mother died prior to grandfather or grandmother	Father died prior to grandfather or grandmother	Father or mother died prior to grandfather or grandmother
		Father or mother dies simultaneously with grandfather or grandmother	Father dies simultaneously with grandfather or grandmother	Father dies simultaneously with grandfather or grandmother	Father or mother dies simultaneously with grandfather or grandmother in similar or dissimilar circumstances	Father or mother dies simultaneously with grandfather or grandmother	Father dies simultaneously with grandfather or grandmother	Father or mother dies simultaneously with grandfather or grandmother
Requirements for waṣiyyah wājibah	(a) Not estate beneficiaries	Yes	Yes	Yes	Yes	Yes	Yes	Yes
	(b) Religion	Beneficiaries' father or mother is Muslim	Not specified	Not specified	Beneficiaries are not religiously different from their father or mother	Beneficiaries are not religiously different from their father or mother	Not specified	Beneficiaries are not religiously different from their father or mother
	(c) Receiving bequest or inter vivos	Beneficiaries do not receive inheritance by bequest or inter vivos from grandfather or grandmotherIf the beneficiaries have succeeded to the estate by bequest or inter vivos, they still can receive the waṣiyyah wājibah subject to not being beneficiaries by farāʾiḍ, beneficiaries' father or mother is Muslim and not involved in the murder	Beneficiaries do not succeed to the estate by bequest or inter vivos from grandfather or grandmother	Beneficiaries do not succeed to the estate by bequest or inter vivos from grandfather or grandmother	Beneficiaries do not succeed to the estate by bequest or inter vivos from grandfather or grandmother	Beneficiaries do not succeed to the estate by bequest or inter vivos from grandfather or grandmother	Beneficiaries do not succeed to the estate by bequest or inter vivos from grandfather or grandmother	Beneficiaries do not succeed to the estate by bequest, endowment (waqf), or inter vivos from grandfather or grandmother
	(d) Not involved in the murder	Beneficiaries are not involved in the murder of grandfather or grandmother	Not specified	Not specified	Beneficiaries are not involved in the murder of father or mother	Beneficiaries are not involved in the murder of father or motherBeneficiaries are not suspiciously involved in the murder of father or motherBeneficiaries are not false witnesses who cause the father or mother to be executed	Not specified	Beneficiaries are not involved in the murder of father or mother
Proportion		Father's or mother's farāʾiḍ proportion and less than one-third from total grandfather's or grandmother's estate	Father's farāʾiḍ proportion and less than one-third from total grandfather's or grandmother's estate	Father's farāʾiḍ proportion and less than one-third from total grandfather's or grandmother's estate	Father's farāʾiḍ proportion and less than one-third from total grandfather's or grandmother's estate	Father's farāʾiḍ proportion and less than one-third from total grandfather's or grandmother's estate	Less than one-third from total grandfather's or grandmother's estate	Father's or mother's farāʾiḍ proportion and less than one-third from total grandfather's or grandmother's estate
Methods of waṣiyyah wājibah distribution among beneficiaries		Single beneficiaries –Succeed to whole waṣiyyah wājibah proportionTwo or more grandsons or granddaughters – Succeed equallyGrandson (single or more) and granddaughter (single or more) – Two parts for grandson and one part for granddaughter	Not specified	Not specified	Not specified	Farāʾiḍ – Two parts for grandson and one part for granddaughter	Not specified	Farāʾiḍ – Two parts for grandson and one part for granddaughter
Waṣiyyah wājibah arrangement		1. Funeral 2. Ordinary bequest 3. Debt	Not specified	Not specified	1. Funeral 2. Ordinary bequest 3. Debt	1. Funeral 2. Ordinary bequest 3. Debt 4. Incomplete worship services (Zakat and pilgrimage representative's payment) 5. Farāʾiḍ distribution	Not specified	1. Funeral 2. Ordinary bequest 3. Debt

Source(s): Authors' own