And turned out mmg ade beneficiaries pon..abeh boreh jo g ARB .. tp beneficiaries adalah sbgi pemegang amanah sahaja. Distribution of assets must follow the faraid rules. Unless every family member agrees to divide the money equally or give up their portion to someone else. Portion for son is twice from daughter. Since my grandma has sons which a stopper, so asset is distributed only to first layer which is to children only. But my advise sebelum nk g terjah tabung haji tuh email dulu kat help desk derang dulu. As for me I emailed them how the procedure to claim the pusaka. And if the beneficiaries are more than 1 do all of them need to be there. Can they go to different tabung haji branch at their place. So it did help me from unnecessary argument with the officer later on.
So back to my grandma's acc..the tabung haji has 2 forms. One is JP005 and the other one is JP006. In my case, all the beneficiaries are the Faraid heirs but my Pak Long's name was not named as one of the beneficiaries. Therefore, we need to appoint 1 wasi (executor) to distribute the money according to faraid law. In our case my aunties and uncles all agree to appoint me as a wasi. So all the beneficiaries need to fill in the JP006 form to give consent to me for tabung haji to issue the cheque under my name solely. But before the beneficiaries could fill in the JP006, I need to come to tabung haji first to fill in form JP005 to open the file under my name as wasi.
As for ASB because the amount is little so there is no need for my aunty to apply for the LA. Just fill in the borang tuntutan pusak, matikan stamp and amek cop commissioner of oath. She also got RM 200 as khairat kematian from PNB.
So kesimpulannye, it is very important to write a will and appoint a trustee as your wasi to expedite those things. Yes we can just appoint a beneficiary to administrate our estate but please bear in mind our estate must be distributed according to Faraid law. All the fraction and distribution is come from Allah SWT and Sunnah. We do not have any say in it. It’s all fixed and no body can change it, we are obligated to follow it. Those are the rules by Allah SWT and Rasulullah SAW conveyed it to us. When Allah swt decides something we dont have a say. The wealth is just amanah from Allah. It needs to be distributed according to the command of Allah swt. That is why estate planning is very important so you your assets can be distributed as you wish and not deny the faraid heirs' right. There are so many Islamic estate planning instruments that you can use such as hibah, trust, declaration of matrimonial assets and waqf.
Is is a common thinking by ppl, the Islamic Law of Inheritance (i.e. Faraid) already determines a deceased person’s heirs as well as their respective shares. Why should they waste their time and money to have a Wasiat written? Faraid provides distribution of inheritance for legal Muslim heirs. Wasiat, i.e. the Islamic Will, allows for the distribution of one-third of a deceased’s estate to needy non-heirs. A testator may have some poor non-heirs or charities in mind. Writing a Wasiat gives an opportunity for him to continuously receive rewards from Allah after death for his act of bequeathing part of his estate to some poor non-heirs or to charities and other Islamic purposes. Besides, it enables the testator to make it clear who he wants to act as the executor of his estate and the guardian for property of children if they are minors.
It is very important actually to have a will and appoint a trustee to be your executor. Reasons why it is better to appoint trustee instead of individual is a because individual is Humanbeing.. they have nafs (desire) and MAYBE they would not distribute the money according to the Faraid law or your will. Trustee they are governed by the trustee act and as an entity it has no desire like individual.
So to those who are still havent written their will, i suggest for you to do so. It is critically crucial for those who still having a minor kids or incapable kids. Without a proper estate administration you will leave your legacy in haywire and this will make your heirs especially your spouse and kids suffer when they have to wait a long long longggg process liquidate the assets. Dont procrastinate your will, Mati itu PASTI tidak lewat walau sesat.. and only Allah knows when. As for us, we have to make sure every thing has been taking care before we leave this world permanently. Always remember in Islam, harta kekayaan adalah amanah pada kita, Allah entrusts it to us. So harta hendaklah digunakan dijalan yang halal. Bila kita mati, harta antara perkara yang akan ditanya, “Bagaimana dan di mana harta diperolehi dan digunakan”. Perkara yang sering dianggap remeh oleh Muslims tapi besar impaknya di akhirat kelak. Jangan kerana harta kita disekat dari memasuki syurga, dan jangan kerena harta kita dihumban ke neraka.
Rasulullah SAW said "‘It is not permissible for any Muslim who has
something to Will to stay 2 nights without having his last Will and Testament
written and kept ready with him."