- Islamic law in Malaysia is mainly state law, applies only to Muslims, and is applied by the Syariah courts. The Shafi'i school is followed officially.
- Classical fiqh is the scholars' reading of the Qur'an and Sunnah. Malaysian Islamic law codifies it and adds rules such as registration and court permission for polygamy.
- Polygamy is void for non-Muslims. For Muslims it needs Syariah court permission, and marrying without permission is an offence (FT: up to RM1,000 or 6 months), although the marriage may still be valid.
- Syariah criminal penalties are capped at 3 years, RM5,000 and 6 strokes (Act 355). Hudud enactments are not enforced, and Nik Elin (2024) struck down 16 Kelantan provisions.
- Non-Muslims may leave property by will to anyone, subject to family provision claims. Without a will, the Distribution Act 1958 applies.
- Muslim estates follow faraid. A wasiat is limited to one-third and cannot go to an heir without the other heirs' consent. Harta sepencarian and valid hibah come out first.
- Co-wives share one wife's portion (1/4 or 1/8) equally.
- For religious rulings, ask your state mufti. For shares, get a Sijil Faraid from the Syariah court.
Two systems in one country
Malaysia runs two bodies of law side by side. Most law (contracts, crime, land, companies, and family law for non-Muslims) is civil law (undang-undang sivil) made by Parliament or the state assemblies and applied by the civil courts. Alongside it, Islamic law (hukum syarak) governs Muslims in personal and religious matters and is applied by the Syariah courts (Mahkamah Syariah).
- Article 3 of the Federal Constitution makes Islam the religion of the Federation, while other religions may be practised in peace and harmony.
- Islamic law is mainly a state matter. Item 1 of the State List (Ninth Schedule, List II) lets each state legislate on Islamic law for persons professing Islam, including marriage, divorce, custody, maintenance, wills, gifts and succession, and to create offences against the precepts of Islam, except matters on the Federal List. For the Federal Territories, Parliament legislates.
- Article 121(1A) says the civil courts have no jurisdiction over matters within the jurisdiction of the Syariah courts. Syariah courts have jurisdiction only over Muslims, and only over matters the law gives them.
Classical fiqh and enacted law
Classical Islamic law (fiqh) is the scholars' understanding of the Sharia drawn from four main sources: the Qur'an, the Sunnah (the Prophet's words and practice, recorded in hadith), ijma' (scholarly consensus) and qiyas (analogy). It was developed by jurists, not legislatures, and is found in the books of the four Sunni schools (Hanafi, Maliki, Shafi'i and Hanbali), which agree on much and differ on many details.
In Malaysia, Islamic law that a court can enforce is codified state law: each state's Administration of Islamic Law Enactment, Islamic Family Law Enactment, Syariah Criminal Offences Enactment, evidence and procedure laws, and (in some states) a Muslim wills enactment. The Shafi'i school is followed officially: for example, the Administration of Islamic Law (Federal Territories) Act 1993, s 39, tells the Mufti to follow the accepted view (qaul muktamad) of the Shafi'i school, and allows the other three schools' views where the public interest requires. Where an enactment is silent, the courts refer to Hukum Syarak. So "Islamic law in Malaysia" means statute plus fiqh, shaped by federal limits and by administrative rules such as registration.
This page compares the three. It does not give religious rulings (fatwa). For a ruling, ask your state mufti's office; for a dispute, go to the Syariah court.
Comparison at a glance
The middle column describes broad classical positions; the schools differ on many details. The right column uses the Islamic Family Law (Federal Territories) Act 1984 (Act 303) as the example. Each state has its own enactment with similar but not identical sections.
| Topic | Malaysian civil law (non-Muslims) | Classical Sharia (fiqh) | Islamic law as applied in Malaysia |
|---|---|---|---|
| Marriage (perkahwinan) and registration | Law Reform (Marriage and Divorce) Act 1976 (LRA). Must be registered. The LRA does not apply to Muslims (s 3(3)). | A contract (akad) with offer and acceptance, witnesses and mahr (mas kahwin). The schools treat formal registration as a later administrative matter, not a condition of validity. | Must be registered. A marriage that breaks the Act but is valid by Hukum Syarak can be registered with a court order (Act 303 s 12(2)). Solemnising contrary to the Act is an offence. |
| Wali and consent | Both parties consent; no guardian needed if 18 or over. | Shafi'i, Maliki and Hanbali require the bride's guardian (wali). Abu Dawud 2085 and Tirmidhi 1101 report "no marriage without a wali". The Hanafi school lets an adult woman marry herself off. The woman's consent is required, and a previously married woman has more right over herself (Sahih Muslim, Book of Marriage). | Both parties must consent, plus the wali's consent or, if there is none or he refuses without good reason, the Syariah judge as wali Raja / wali hakim (Act 303 s 13). |
| Polygamy (poligami) | Prohibited. A second marriage while the first exists is void (LRA ss 5-6) and treated as bigamy under Penal Code s 494 (LRA s 7). | A man may have up to four wives on condition of justice. Qur'an 4:3 says "if you fear you cannot be just, then one". Qur'an 4:129 warns that perfect equality of feeling is impossible, but a husband must not leave a wife "hanging". No school makes the first wife's consent a condition of validity. | Needs the Syariah court's prior written permission (Act 303 s 23). The application must state whether the existing wife's consent or views were obtained. She is summoned to the hearing, and the court must be satisfied the marriage is just and necessary, the husband can support all his wives, he can treat them equally, and there is no darar syarie (harm) to the existing wife. Marrying without permission is an offence: fine up to RM1,000, jail up to 6 months, or both (s 123). He must also immediately pay the existing wife any mas kahwin and gifts still owing (s 23(7)). Her consent is a factor, not a legal veto. |
| Divorce (perceraian) | Petition only, normally after 2 years: joint petition (s 52) or irretrievable breakdown (s 53), after conciliation (s 106). | Husband's talaq; wife's khul' (divorce for compensation); judicial fasakh for harm or failure of duties; and ta'liq (a conditional divorce agreed at marriage). | All four exist, but through the court. Talaq pronounced outside court without permission is an offence (s 124), and the divorce must then be confirmed by the court. Grounds for fasakh are listed (s 52), e.g. no maintenance for 3 months. |
| Maintenance (nafkah) | Court may order maintenance for a spouse or former spouse and for children (LRA ss 77, 92-95). | The husband maintains his wife during the marriage and during the waiting period ('iddah) of a revocable divorce. Many jurists recommend or require a consolation gift (mut'ah). The father maintains the children. | Nafkah, 'iddah maintenance and arrears are claimable. Maintenance can be affected by nusyuz (s 59). A wife divorced without just cause may claim mut'ah (s 56). |
| Custody (hadhanah) | Welfare of the child is paramount (LRA s 88). Rebuttable presumption that a child under 7 is better with the mother. | The mother has first right to care for young children. The age at which this ends and the child's choice differ by school. | The mother is best entitled (s 81). Her right ends at 7 for a boy and 9 for a girl, which the court may extend to 9 and 11. After that the child of discernment may choose, unless the court orders otherwise (s 84). |
| Matrimonial property | Court divides matrimonial assets on divorce, considering money and home-making contributions (LRA s 76). | Spouses keep separate property. There is no general community of property. | Harta sepencarian, a concept from Malay custom (adat) accepted by the Syariah courts. Assets acquired during marriage are divided on divorce by contribution, inclining towards equality for joint efforts (s 58). It is also claimed on death (see below). |
| Criminal law | Penal Code and other federal laws for everyone. | Hudud (fixed penalties for specific offences, with very strict proof), qisas (retaliation or blood money, diyat, for bodily harm), and ta'zir (discretionary punishment). | States may only create offences "against the precepts of Islam" for Muslims, not matters on the Federal List. Punishment is capped by the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) at 3 years' jail, RM5,000 fine and 6 strokes. Kelantan's and Terengganu's hudud and qisas enactments have never been enforced. In Nik Elin (Federal Court, 9 February 2024), 16 provisions of the Kelantan Syariah Criminal Code (I) Enactment 2019 were held void (8-1) because they dealt with matters reserved to Parliament. |
| Evidence and witnesses | Evidence Act 1950. Any competent witness counts, and the court weighs credibility. | Rules on the number and qualification of witnesses (shahadah) vary by type of case. Qur'an 2:282 requires debts to be written down and witnessed. Hudud needs the highest proof. | Syariah Court Evidence Acts and Enactments (FT: Act 561, 1997) set out shahadah and wider proof (bayyinah), largely on Shafi'i lines. |
| Privacy and exposing others | Personal Data Protection Act 2010 (commercial use of personal data), defamation, breach of confidence. Privacy as a stand-alone tort is not settled. | Qur'an 49:12 forbids spying (tajassus) and backbiting (ghibah). The hadith "whoever covers a Muslim, Allah will cover him" (Bukhari 2442) praises concealing others' faults. Qur'an 24:4 punishes unproven accusations of unchastity. | These are mainly moral duties. Some state Syariah criminal enactments have offences such as false accusation (qazaf); the wording differs by state. Privacy and defamation claims go to the civil courts. |
| Images and photography | Lawful, subject to consent, privacy, copyright, PDPA and indecency laws. | A real difference of opinion. Many contemporary scholars allow camera photographs for lawful purposes. Others are stricter, citing hadith on image-making. All stress modesty (aurat) and not exposing private matters. | No general law bans photography. Follow your state mufti's guidance. |
Inheritance for non-Muslims
The Wills Act 1959 gives a non-Muslim in Peninsular Malaysia broad freedom of testation: you may leave your property to anyone. Two limits apply:
- The Inheritance (Family Provision) Act 1971 lets a spouse, an unmarried or dependent daughter, an infant son, or a son unable to maintain himself ask the High Court for reasonable maintenance out of the estate if the will (or intestacy) does not make reasonable provision. The award is capped at a fraction of the estate's income: two-thirds if there is a spouse and other dependants, otherwise one-half. The Act does not apply to Muslims' estates (s 1(2)).
- If there is no will, the Distribution Act 1958 decides (s 6):
| Survivors | Shares |
|---|---|
| Spouse only | Spouse: all |
| Spouse + parent(s) | Spouse 1/2, parent(s) 1/2 |
| Spouse + children | Spouse 1/3, children 2/3 |
| Children + parent(s) | Children 2/3, parent(s) 1/3 |
| Spouse + children + parent(s) | Spouse 1/4, children 1/2, parent(s) 1/4 |
| Children only / parents only | All to them |
Sons and daughters share equally. More detail is on Wills and estates.
Inheritance in classical Sharia: faraid
Islamic inheritance (faraid / ilmu faraid) is largely fixed by the Qur'an: 4:11 (children and parents), 4:12 (spouses, and siblings through the mother) and 4:176 (full and paternal siblings when there is no child or father). The Qur'an twice says shares are paid after any bequest or debt (4:11-12). The Prophet said: "Give the fixed shares to those entitled to them, and what remains goes to the nearest male relative" (Bukhari 6732; Sahih Muslim, Book of the Rules of Inheritance).
Before any shares, the estate pays (1) funeral costs, (2) debts, and (3) any valid bequest (wasiyyah). The heirs fall into two groups: ashab al-furud (fixed-share heirs) and 'asabah (residuaries, who take what is left).
| Heir | Share |
|---|---|
| Husband | 1/2 if the wife leaves no child; 1/4 if she does |
| Wife (or wives) | 1/4 if the husband leaves no child; 1/8 if he does. Several wives share that 1/4 or 1/8 equally. |
| Daughter(s), no son | One: 1/2. Two or more: 2/3 shared |
| Son(s) with daughter(s) | Residuaries: a son takes twice a daughter's share (4:11) |
| Father | 1/6 if there is a child. Residuary (or 1/6 plus residue) otherwise |
| Mother | 1/6 if there is a child or two or more siblings; otherwise 1/3 (in two special cases 1/3 of what remains after the spouse's share) |
| Siblings | Inherit only if there is no son, son's son or father. The share depends on type and number (4:12, 4:176) |
Who cannot inherit
- Difference of religion: "A Muslim does not inherit from a non-Muslim, nor a non-Muslim from a Muslim" (Bukhari 6764; Sahih Muslim, Book of the Rules of Inheritance). A non-Muslim relative can still receive a gift (hibah) or bequest.
- Homicide: "The killer does not inherit" (Ibn Majah 2645). Schools differ on whether accidental killing also excludes.
- Many jurists add slavery, now of historical interest.
'Awl and radd
If the fixed shares add up to more than the estate, every share is reduced in proportion ('awl). If they add up to less and there is no residuary, the remainder is returned to the fixed-share heirs other than the spouse (radd) in the view of most later jurists. The classical Shafi'i view sends it to the public treasury (Baitulmal).
Bequests (wasiyyah)
When Sa'd ibn Abi Waqqas, who was ill, asked to give away most of his wealth, the Prophet allowed one-third, saying "a third, and a third is a lot", and added that leaving heirs well off is better than leaving them dependent (Bukhari 2742; Sahih Muslim, Book of Wills). Another hadith says Allah has given every heir their due, "so there is no bequest for an heir" (Abu Dawud 2870; Tirmidhi 2120; Ibn Majah 2713). The majority hold that a bequest above one-third, or to an heir, takes effect only if the other heirs consent after the death.
Worked example
A man dies leaving a wife, his mother, one son and two daughters (his father died before him). After funeral costs and debts, the net estate is RM300,000, with no bequest.
| Heir | Basis | Fraction | RM |
|---|---|---|---|
| Wife | 1/8 (there are children) | 12/96 | 37,500 |
| Mother | 1/6 (there are children) | 16/96 | 50,000 |
| Son | residue 17/24, split 2:1:1 | 34/96 | 106,250 |
| Daughter 1 | residue | 17/96 | 53,125 |
| Daughter 2 | residue | 17/96 | 53,125 |
| Total | 96/96 | 300,000 |
If the wife first proves a claim to harta sepencarian (say half of a jointly bought house), that part is hers before faraid and only the balance is divided. This example is for illustration only. Real cases must be confirmed by the Syariah court.
Inheritance as applied in Malaysia
- Faraid certificate (Sijil Faraid / Perakuan Ahli Waris). The state Syariah court decides who the heirs are and their shares, on an application with the death certificate and heirs' identity documents.
- Distribution uses civil machinery. The Syariah court fixes the shares, but the estate is administered through civil bodies. Estates up to RM5 million go to the Land Administrator under the Small Estates (Distribution) Act 1955 (limit raised in 2022), through JKPTG and MyLand. Movable estates up to RM600,000 can go through Amanah Raya Berhad (summary administration). Larger or disputed estates go to the High Court (letters of administration). See Wills and estates.
- Harta sepencarian first. A surviving spouse may claim harta sepencarian in the Syariah court before faraid. Selangor's State Fatwa Committee decided in 2005 that this may be done, in proportion to contribution, by court order. Other states recognise similar claims.
- Hibah (lifetime gift) passes outside faraid if valid (offer, acceptance and delivery of possession). Disputes go to the Syariah court. Hibah is widely used for planning, for example by parents for daughters or by spouses for each other.
- Wasiat enactments. Selangor (Wasiat Orang Islam Enactment 1999), Negeri Sembilan (2004) and Melaka (2005) have Muslim wills enactments. Elsewhere the general one-third rule from Hukum Syarak is applied.
- Wasiat wajibah (obligatory bequest) gives a share, capped at one-third, to grandchildren whose parent died before the grandparent. It exists only where a state has enacted it: Selangor (s 27 of the 1999 Enactment), with similar provisions in Negeri Sembilan and Melaka. It is not classical Shafi'i doctrine.
- Baitulmal. Where there are no heirs, or a residue with no residuary, the state Islamic Religious Council's Baitulmal takes it, following the classical Shafi'i view. This is why a family with only daughters may see part of the estate go to Baitulmal or to brothers or uncles unless they plan ahead with hibah.
Polygamy and inheritance
All lawful wives share the one wife's portion (1/4 or 1/8) equally. Each wife's children inherit equally as the deceased's children, whichever wife is their mother. A wife married without court permission still inherits if the marriage was valid under Hukum Syarak. The law punishes the husband (s 123) but does not make such a marriage void, and the court can order it registered (s 23(1) proviso, s 12(2)). In practice an unregistered wife must first prove the marriage (wali, witnesses, akad) in the Syariah court before she is named as an heir. Registering the marriage early avoids hard disputes later.
Practical checklist
For a Muslim family
- Register every marriage, including a polygamous marriage (which needs court permission first) and any marriage solemnised abroad.
- Write a wasiat (up to one-third, not to an heir without the other heirs' consent) naming an executor (wasi). Many people lodge it with Amanah Raya, a Majlis Agama Islam or a trust company.
- Use hibah during your lifetime for anyone faraid would leave short, such as daughters, a spouse, adopted or non-Muslim relatives. Make it formal and transfer the asset.
- Keep a record of jointly acquired property, to support a harta sepencarian claim.
- Check EPF, insurance or takaful and bank nominations. Under Islamic law a nominee may be treated as an administrator or trustee for the heirs rather than the owner, so ask the institution.
- After a death: get the death certificate, apply for the Sijil Faraid, settle debts, file any harta sepencarian claim, then apply to the Land Administrator, Amanah Raya or the High Court.
For a non-Muslim family
- Make a will under the Wills Act 1959 (two witnesses who are not beneficiaries). Marriage revokes an earlier will.
- Without a will, the Distribution Act 1958 applies, which may not match your wishes.
- Dependants left without provision may apply under the Inheritance (Family Provision) Act 1971.
Where to go
State Syariah court (faraid, harta sepencarian, hibah, wasiat disputes) · state mufti's office (religious rulings) · JKPTG / MyLand (small estates) · Amanah Raya · High Court · a peguam syarie or lawyer. See Getting legal help and Official links.
Laws cited on this page
| Act 39 | Inheritance (Family Provision) Act 1971 · Akta Pewarisan (Peruntukan Keluarga) 1971 | Official text |
| Act 56 | Evidence Act 1950 · Akta Keterangan 1950 | Official text |
| Act 98 | Small Estates (Distribution) Act 1955 · Akta Harta Pesaka Kecil (Pembahagian) 1955 | Official text |
| Act 164 | Law Reform (Marriage and Divorce) Act 1976 · Akta Membaharui Undang-Undang (Perkahwinan dan Perceraian) 1976 | Official text |
| Act 300 | Distribution Act 1958 · Akta Pembahagian 1958 | Official text |
| Act 303 | Islamic Family Law (Federal Territory) Act 1984 · Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984 | Official text |
| Act 346 | Wills Act 1959 · Akta Wasiat 1959 | Official text |
| Act 355 | Syariah Courts (Criminal Jurisdiction) Act 1965 · Akta Mahkamah Syariah (Bidang Kuasa Jenayah) 1965 | Official text |
| Act 505 | Administration of Islamic Law (Federal Territories) Act 1993 · Akta Pentadbiran Undang-Undang Islam (Wilayah-Wilayah Persekutuan) 1993 | Official text |
| Act 561 | Syariah Court Evidence (Federal Territories) Act 1997 · Akta Keterangan Mahkamah Syariah (Wilayah-Wilayah Persekutuan) 1997 | Official text |
| Act 574 | Penal Code · Kanun Keseksaan | Official text |
| Act 709 | Personal Data Protection Act 2010 · Akta Perlindungan Data Peribadi 2010 | Official text |
Listed automatically from the federal Acts named on this page. All laws of Malaysia →
Sources
- Laws of Malaysia portal (Federal Constitution; Acts 164, 300, 303, 346, 355, 505)
- Islamic Family Law (Federal Territories) Act 1984 (Act 303), reprint to 1 Jan 2006: ss 12, 13, 23, 52, 56, 58, 59, 81, 84, 123, 124
- Law Reform (Marriage and Divorce) Act 1976, ss 3, 5-7, 76
- Inheritance (Family Provision) Act 1971 (Act 39), ss 1-3 (text as at 2006)
- Distribution Act 1958, s 6
- MyGovernment: estate distribution routes (RM5 million / RM600,000)
- Malay Mail: Federal Court rules 16 Kelantan provisions unconstitutional (9 Feb 2024)
- Administration of Islamic Law (FT) Act 1993 (Act 505), Mufti WP copy
- Wasiat wajibah in Selangor s 27, Negeri Sembilan and Melaka (UIS conference paper 2017)
- Harta sepencarian after death: Selangor fatwa 2005 (Journal of Fatwa Management, USIM)
- Baitulmal in inheritance: analysis of law and practice (Jurnal Fiqh, UM)
- Kedah Syariah Judiciary: faraid application procedure (2025)
- Jabatan Kehakiman Syariah Malaysia (JKSM)
- JKPTG (small estates)
- Amanah Raya Berhad
Related
Syariah courtsFamily law: marriage, divorce, maintenance and custodyWills and estatesHow Malaysian law worksGlossary of legal terms