These three terms are often confused. Understanding the difference between hibah, will & faraid helps you choose the right instrument for your family's situation.
Quick comparison
| Hibah | Will (Wasiat) | Faraid | |
|---|---|---|---|
| Timing | During lifetime | Written in life, executed after death | After death |
| Limit | None (your asset) | Max 1/3 of estate | Fixed shares by text |
| Recipient | Anyone | Non-heirs (or heirs with consent) | Eligible heirs |
| Revocable? | After qabd, hard | Yes, amendable | N/A |
Which suits you?
- Want to give a specific asset to someone now (e.g. house to spouse) → consider hibah.
- Want to provide for non-heirs (adopted child, single mother, mosque) → use a will (1/3 cap).
- The remaining estate → divided by faraid automatically.
Note: This is general guidance, not specific legal or religious advice. For your case, consult a syariah lawyer, Amanah Raya, or a licensed hibah/wasiat provider.
Nazim's Take
Most families need a combination of all three — not just one. Example: hibah the main home to your spouse, will 1/3 for an adopted child & charity, and let the rest follow faraid. I can help structure this.
Frequently Asked Questions
Can a will give assets to my own child?
A child who is an heir already receives via faraid; a will to an heir is only valid with the other heirs' consent. To give more to a specific child, a lifetime hibah is more suitable.
Is hibah better than a will?
It depends on purpose. Hibah takes effect immediately & leaves the estate; a will is flexible (amendable) but capped at 1/3. Often both are used.
Can faraid be changed?
Faraid shares are fixed by text and can't be changed arbitrarily. Planning (hibah/wasiat) is done within the space Shariah allows.