Wasiyyah (Islamic Will) Adoption and the Barriers in Islamic

International Journal of Humanities Social Sciences and Education (IJHSSE)

Volume 2, Issue 1, January 2015, PP 1-11

ISSN 2349-0373 (Print) & ISSN 2349-0381 (Online)

www.arcjournals.org

©ARC Page | 1

Wasiyyah (Islamic Will) Adoption and the Barriers in Islamic

Inheritance Distribution among Malaysian Muslims

Z.H. Ghul

Universiti Teknologi Mara, Malaysia

M.H. Yahya

Universiti Putra Malaysia

A. Abdullah

Universiti Putra Malaysia

Abstract: The amount of frozen assets due to unclaimed inheritance in the muslim society in Malaysia is

significant. There are is about a million land titles that are still in the name of the deceased owners. In

2012, the amount of frozen estates is estimated to be around RM45 billion and this figure is expected to

increase further. This statistics is alarming and calls for an urgent need in solving the problem of

unclaimed inheritance in the Muslim society in Malaysia. It is imperative to teach that Muslims have a

clear idea on the appropriate instruments and course of actions in estate planning. The majority of Muslims

in Malaysia do not view estate planning as a serious matter. Previous researches attest that some of the

Mmuslims, themselves, are sceptical about making a Wasiyyah (Islamic Will). This is the evidencenced

substantiated by the large number of Malaysian Muslims who do not have Wasiyyah. In general, the level of

awareness of Wasiyyah practice is not very encouraging, specifically, among Malaysian Muslims.The

findings from this study show that 1) knowledge on the concepts of Islamic estate planning and 2)

awareness of the importance wealth management have a significant effect towards Wasiyyah practices. In

terms of barriers in Islamic inheritance distribution, the biggest obstacles among all the factors are lengthy

estate management and distribution process.

Keywords: Wasiyyah, Will, Islamic Will, Bequest, Islamic Inheritance

1. INTRODUCTION

Leaving a Wasiyyah (Islamic Will) assists in the smooth processing and settlement of the estate

administration. Beyond the provision of Faraid (Islamic Law of inheritance) and bequest, Islamic

estate planning demands calls for a proper planning. It is important and recommended that for

each Muslim to write a will prior to his or her death because a will allows one to decide on what

happens to his or her money, property and possessions after death (Harbi, 2013). With reference

to a Hadith (prophet Muhammad‟s pbuh

saying), narrated by Abu-Huraira: A man asked the

Prophet “O Allah’s Messenger! What kind of charity is the best?”. He replied ,”To give in charity

when you are healthy and greedy, hoping to be wealthy and afraid of becoming poor. Don’t delay

giving in charity till the time comes when you are on the deathbed when you say, ’Give so much to

so-and-so and so much to so-and-so,’ and at that time the property is not yours but it belongs to

so-and-so(i.e your inheritors).”

The distribution of estate for Muslims is confined within Islamic system of Faraid (Islamic law of

inheritance). Faraid protects heirs‟ rights with predetermined fixed entitlements of eligible heirs,

whereas bequest/Wasiyyah allows Muslims to bequeath up to one-third of the estate to non-heirs

and they opt for Hibah if unlimited devolution is their main concern. Waqf, is an act of giving to

charity and is a mean for Muslims to devote their faith to Allah to gain rewards in the hereafter.

Therefore, Wasiyyah (bequest), Hibah (gift) and Waqf (charity) are estate planning tools which

Muslim can use to accommodate the laws of inheritance.

Peace be upon him

Z.H. Ghul et al.

International Journal of Humanities Social Sciences and Education (IJHSSE) Page | 2

In Malaysia, Muslims are allowed to manage their property based on Shari’ah (rules in Islam

rules) principles. Wealth accumulation is permissible in Islam on the condition that there is no

element of manipulation, injustice, or monopoly of wealth. Besides Further more that, the way

wealth is accumulated must be acceptable and permissible by Shari’ah laws. The wealth should

also be spent in ways that gets obtains God Allah‟s blessing and reward.

In order to safeguard wealth, Islamic finance emphasizes on the 1) true ownership of assets, 2) the

process to accumulate wealth and 3) the uses of wealth. The process of wealth accumulation

should be free from any form of oppression, especially, riba (usury usury(riba) (Yahya et al.

2012). Wealth is related to prosperity. It refers to the physical belongings of a person, such as,

land, cash, business, house and much more. Unforeseen circumstances (such as sudden loss of

life) might affect the deceased‟s distribution of his or her wealth. Proper management of wealth

is necessary in ensuring a desirable posthumous distribution of wealth. Wealth management in

Islam does not ignore the obligation to ensure that wealth is circulated as widely and fairly as

possible in inheritance.

The function of wealth management is to ensure the proper planning of wealth distribution

through estate planning, business succession planning, charity and zakah (alms-giving) planning.

The mechanisms for wealth management in Islam includes zakah, Wasiyyah( Islamic Will),

Faraid (Islamic law of inheritance), Hibah (gift) and Waqf (endowment or charity), trust,

Sadaqah (donations), Infaq (gift to Islamic cause), hadiyyah (present or gift), nazar (vow) and

statutory disposition (Billah, n.d.a; Rasban, 2006:191–1999). In 2005, out of 6.2 million acres of

unclaimed land, 900,000 acres were still recorded under the name of the landlords who have

passed on. From the government‟s perspective, it loses income in the form of the land tax

estimated at RM200 million (Ahmad & Laluddin, 2010). Almost one million land title deeds still

belong to the deceased (Salam, 2006). On top of that, the number of unclaimed inheritance is

increasing over the years (BERNAMA, 2010; Dewan Rakyat Parlimen Kedua Belas Penggal

Ketiga Mesyuarat Pertama Bil. 11, 2010; Rakyat Guides 3, 2010; Salam, 2006). The

accumulation of unclaimed inheritance is a serious problem and needs to be addressed (Noordin et

al., 2012).

2. RESEARCH QUESTIONS

The research questions of this study are as follows:-

1. What is the relationship between knowledge on the concepts of Islamic estate planning and

awareness of the importance wealth management among Malaysian Muslims in writing

Wasiyyah’?

2. What are the major life events that individuals experienced which can influence them on

Wasiyyah adoption?

3. What are the possible institutional related issues with regards to the (Wasiyyah writing

providers) that affects Wasiyyah adoption?

4. What is more likely to be bequeathed in a Wasiyyah and how wealth management

affectsWasiyyah adoption?

5. What are the barriers in Islamic inheritance distribution?

3. OBJECTIVES OF THE STUDY

The objectives of this research are:

1. To examine the relationship between knowledge and awareness with regards to Wasiyyah

adoption among Muslims in Malaysia.

2. To examine the relationship between life events and Wasiyyah adoption.

3. To examine the relationship between institutional characteristics (Wasiyyah writing providers)

and Wasiyyah adoption.

4. To examine the relationship between types of wealth management assets and Wasiyyah

adoption.

5. To identify the barriers in Islamic inheritance distribution.

Wasiyyah (Islamic Will) Adoption and the Barriers in Islamic Inheritance Distribution among

Malaysian Muslims

International Journal of Humanities Social Sciences and Education (IJHSSE) Page | 3

4. THEORETICAL FRAMEWORK

This research model includes five variables. The dependent variable in this research is „adoption

of Wasiyyah among Malaysian Muslims society‟. The (independent variables in this study are; 1)

knowledge, 2) type of wealth management assets, 3) institutions, and 4) life events). The „factors

influencing Wasiyyah adoption‟ independent variables above takes into account a number of

variable clusters. The control variable for this research is socio-demographic factors. The detailed

breakdown of the variables related to each of the research clusters can be seen in Figure 1 below.

5. LITERATURE REVIEW

Evidence on the relationship between Knowledge, Life Events, types of Wealth Management

assets, Institutions and Wasiyyah practices

Majority of Muslims in Malaysia are aware and familiar with the term Wasiyyah (Islamic Will)

but they do not have a clear understanding about it (Ahmad & Peyman, 2008). It is found that the

main reasons Malaysian Muslim community practises Wasiyyah is 1) to protect adopted children,

and 2) to get rewards for good deeds in the hereafter (Yaacob, 2006). He concludes that estate

planning matters are mostly neglected by the Muslims of the Malay races compared to other

Muslims. Moreover, ARB (n.d.a) claims that, generally, about 90 percent of Malaysians do not

have a Will. T, hence this proves that the level of awareness among Malaysian on Islamic estate

planning is very low. Thise percentage is no different between Malaysian Muslims and non-

Muslims. The level of Wasiyyah adoption is measured by the number of Wasiyyah which have

been kept under ARB.(Alma‟amun, 2010).

To leave a Wasiyyah in Malaysia is not a straightforward task due to several aspects. The first

hurdle lies in the rules and regulations that are related to estate administration and settlement.

Interestingly, in Malaysia, dying intestate and testate is dealt under different legislations and

authorized bodies. Even with the involvement of various authorized bodies and compliance with

the provisions of legislations, it still does not assure that the process of estate administration and

settlement will be smooth. Previous studies show that it is easier to administer and settle testate

estate. It may take years to settle the case of dying intestate as it could lead to frozen estate

problems and delays in the settlement period. According to Azizi and Abdul Rahman (2010),

Amanah Raya Berhad (ARB, a trustee agency) claims that there has been about RM40 billion

worth of frozen estates until mid-2009 due to intestate death. Thise value increased to RM42

billion in 2011 (MStar Online, 2011). In Malaysia, the inefficiency of the estate distribution is the

Wasiyyah

Adoption

Knowledge

Life Events

( widow, health related

problems, disabled)

Institutional Factors

Performance Professionalism,

Quality of Services

Type of Wealth Management

assets

Saving, insurance, retirement

pension, property,

estments

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International Journal of Humanities Social Sciences and Education (IJHSSE) Page | 4

result of overlapping powers by various authorities that lead to public confusion (Muhamad,

2007). It is important to note that the nominees of the Wasiyyah are supposed to act as executors

rather than beneficiaries as drawn by fatwas issued in Malaysia (Muhammad, 2007; Saidali, 2007;

Osman, 2007; Mohd. Awal, 2007; Hassan, 2008; Awang, 2006).

According to Stum (2000), the occurrence of stressful life events, or the anticipation of such

events, may motivate the individual to take observable actions, such as to adopt a Will. Some

stressful life events, such as being diagnosed with a terminal disease, may also cause the

individual to anticipate additional end-of-life stressors. Some of these stressors may result from an

uncertainty about how the individual‟s personal belongings and emotional artifacts will be

distributed to others, or how the distribution of his or her belongings may lead to strife and

conflict among family members and friends (Stum, 2000). A will could be used to manage the

current and anticipated stressors associated with major life events. Some of these unexpected life

events may also result from the uncertainties about how the individual‟s assets, property or

personal belongings will be distributed to others after his or her passing on. Bickerings on how

the distribution of his or her belongings may lead to strife and conflict among family members

and friends emerge.

To avoid these issues, a Wasiyyah could be used to manage the current and anticipated stressors

associated with the major life events. Palmer et al., (2006), has identified four life events;

(1)becoming a widow,(2)being diagnosed with cancer, (3) retiring, and (4) having a positive

change in assets, as connected with an individual‟s decision to adopt a will and trust.

Previous studies identify money demand as one of the factors that influences Will practices. This

study applies the same variable but views it from the Islamic point of view, which is, Wasiyyah

adoption. Economic definition for money demand is the quantity of money balances that the

public wants to hold. There are three basic motives for holding money: for transactions, as a

precaution, and for speculation. In general, money demand can be referred to as wealth

management. Muda et al., (2006) divide the forms of wealth management into three groups:

(1i)managing wealth for the individual‟s and family‟s necessities as well as mandatory social

obligations, (2ii) managing wealth for other people‟s necessities, and (3iii) managing wealth for

public and general welfare. Tin(2009) states that householders with bequest motives are therefore

far more likely to save in monetary assets than those without observable bequest motives.

A previous study done by Rossi and Rossi (1990) reveals that the most common items, things or

assets that are given through wills are personal possessions. Thirty-seven percent or more of the

respondents in their study are beneficiaries of photographs, books or paintings, jewellery, dishes

and silverware, furniture, or a family bible. In comparison, 19% or fewer of the respondents had

been are beneficiaries of land or property, stocks or bonds, or vehicles.

According to (Afiqah et al., 2011), the law and the process of claiming estates is viewed by many

people as a complex procedure because of the numerous regulations and involvements of several

bodies in the its distribution process. On top of this, the complexity has led to the overlapping

powers and responsibilities of these entities. As a result of the complex law and procedures, heirs

of the deceased may possibly be confused. This may affect his or her decision to claim the estate.

No matter where the application of claiming the estate is made, the a specific group of

beneficiaries need to apply for the certificate of death from at the Department of National

Registration first. If there is an absence of beneficiaries, a lawyer needs to be appointed to manage

the deceased estate. The unclaimed estates might be a result of the empowerment of two courts

under substantive law and the complex procedures to be followed make the process lengthy and

costly. For example, the High Court has been empowered to grant a Probate in testate cases under

Section 3 of Probate and Administration Act 1959, and Letter of Administration in intestate cases

according to Section 18 of Probate and Administration Act 1959. The period of getting a Letter of

Administration is longer than Probate for testate estates. It may take up to four years to settle the

case. (Afiqah et al., 2011).

6. DATA AND ANALYSIS

This research is considered as an exploratory study on adoption of Wasiyyah. Questionnaire and

online survey are the main tools to gather information concerning public knowledge about

Wasiyyah. The sample in this study consists of Muslims in selected area in Malaysia. The specific

Wasiyyah (Islamic Will) Adoption and the Barriers in Islamic Inheritance Distribution among

Malaysian Muslims

International Journal of Humanities Social Sciences and Education (IJHSSE) Page | 5

criteria for the sample selection are as follows: 1) respondents must be 18 years and above, 2)

respondents must be Muslim. 3) clients or individual who have experience in dealing with

Amanah Raya Berhad, or other Wasiyyah writing providers, 4) working in private and

government sectors, 5) Some of the respondents must have experience in Islamic Inheritance

claim processes. One of the reasons for selecting Muslims as target respondents is to gather

information on the extent of knowledge of Wasiyyah that a Muslim community has. For this

study, the final number of sample gathered for this study is 231.

The survey instrument consists of a 10 page structured questionnaire. The questionnaire is

comprised of three sections:

Section A: Questions based on nominal scale in order to obtain general information about the

respondent‟s background.

Section B: Questions based on nominal and Likert scales regarding general information on

Wasiyyah adoption.

Section C: Questions on factors influencing Wasiyyah adoption based on four factors that

have been identified which are knowledge, types of wealth management asset, life events and

institutions. This section also has questions that are based on nominal scales regarding

barriers and challenges of Islamic inheritance distribution

TAs stated in the methodology section, this study is considered as an an exploratory research in

obtaining information about Wasiyyah within a Muslim community in Malaysia. Specifically, this

study; 1) looks at the information regarding the reasons for adopting a Will, 2) studies the reasons

for not adopting a Will and the barriers in Islamic inheritance, and 32) analyses the significance of

each independent variables (knowledge, life events, types of wealth management assets, and

institutions) towards the dependent variable (Wasiyyah adoption).

The regression coeffiecients from this analysis have been the main focus in determining the

factors that influence Muslims in making a Wasiyyah.

Below are the hypotheses for this research:-

Hypothesis 1

: There is a significant relationship between Knowledge and Wasiyyah adoption.

Hypothesis 2

: There is a significant relationship between Life Events and Wasiyyah adoption.

Hypothesis 3

: There is a significant relationship between types of Wealth Management assets and Wasiyyah

adoption.

Hypothesis 4

: There is a significant relationship between Institutions (Wasiyyah writing provider) and

Wasiyyah adoption.

7. FINDINGS AND ANALYSIS

7.1. Demographic Profile

Based on table 1 below, there are 29 respondents aged between 18-25 years old. 36 respondents

aged between 41-56 years old,10 respondents aged 57 years and above and 156 respondents aged

26-40 years old.

Table 1. Age

Variable

Frequency

Percent

Valid Percent

Cumulative Percent

18-25 years

12.6

26-40 years

156

67.5

80.1

41-56 years

15.6

95.7

57 years and above

4.3

100.0

Total

231

100.0

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From the Table 2 below, it can be seen that 163 respondents are married, 56 respondents are

single, 10 respondents are divorced while and 2 respondents are widowed.

Table 2. Marital Status

Variable

Frequency

Percent

Valid Percent

Cumulative Percent

Single

24.2

Married

163

70.6

94.8

Divorced

4.3

99.1

Widowed

100.0

Total

231

100.0

From the Table 3 below, about 100 respondents have bachelor degree, 66 respondents have

masters degree, 26 respondents have diploma, 22 respondents have certificates and 16

respondents have Phd (Doctorate)

Table 3. Education Level of the Respondents

Variable

Frequency

Percent

Valid

Percent

Cumulative

Percent

Certificates(PMR/SPM/STPM/

LCE/MCE)

24.2

Diploma

163

70.6

94.8

Bachelor Degree

4.3

99.1

Master

100.0

Phd(Doctorate)

231

100.0

Table 4 below shows the general information on respondents who have written a Wasiyyah, out of

231 respondent, 19.9% of the respondents have written Wasiyyah while 80.1% have not written a

Wasiyyah.

Table 4. Have you made a Wasiyyah?

Variable

Frequency

Percent

Valid Percent

Cumulative Percent

Yes

19.9

185

80.1

100.0

Total

231

100.0

Table 5. Motives of Leaving a Wasiyyah

Frequency (N)

Percentage(%)

1) Peace of mind about what will happen to my

property when I die

Yes = 119

51.5

No = 79

34.2

2) I want to make sure that my family is

provided for when I die

Yes = 114

57.6

No = 84

42.4

3) I know the importance of having a Wasiyyah

Yes= 104

52.5

No= 94

47.5

4) I‟ve learned that Islam encouraged us to have

a Wasiyyah.

Yes= 74

37.4

No= 124

67.6

5) I make a Wasiyyah because I want to give my

assets/property to my non-heirs.

Yes= 18

9.1

No= 180

90.9

6) I have health problems

Yes= 6

No = 192

7) I write a Wasiyyah as instructed by the bank

as bound by loan granted.

Yes= 7

3.5

No= 191

96.5

8) I write a Wasiyyah to help in speeding up the

process of claiming my assets by my heirs after I

die.

Yes= 4 1

20.7

No= 157

79.3

Total Answer

198/231

% 100

Table 5 above lists the reasons for the respondents to have a Wasiyyah. Based on the results, out

of 219 respondents, 198 of the respondents state that they will or have written a Wasiyyah. From

the results, 57.6% of the respondents state that they want to make sure that their family is

Wasiyyah (Islamic Will) Adoption and the Barriers in Islamic Inheritance Distribution among

Malaysian Muslims

International Journal of Humanities Social Sciences and Education (IJHSSE) Page | 7

financially secure and 51.5% of the respondents want to leave a Wasiyyah because they want to

live in peace by knowing what will happen to their assets after death. 52.5% of the respondents

state that they want to leave Wasiyyah because they are aware of the importance of leaving a

Wasiyyah. 37.4% of the respondents state that they want to leave a Wasiyyah because Islam

encourages us to leave a Wasiyyah. Furthermore, 20.7% of the respondents want to leave a

Wasiyyah because they know that by leaving a Wasiyyah it will help in making the process of

claiming the assets easier. 9.1% of the respondents state that they want to have a Wasiyyah

because they want to give some of their assets to their non-heirs. Lastly, 3.5% of the respondents

state that they want to have a Wasiyyah because they are bound by the loan granted by the bank

which requires them to write a Wasiyyah and 3% of the respondents state that they want to leave a

Wasiyyah because of health problem.

Table 6. Barriers and Challenges of Leaving Wasiyyah and Islamic Inheritance Distribution

Frequency (N)

Percentage (%)

1) The process of distribution of the estate in Malaysia

involving more than one legal system makes it complicated.

Yes=13

44.8

No= 16

55.2

2) Estate management and distribution process takes a very long

time.

Yes=22

75.9

No= 7

24.1

3) Estate management and distribution process require quite

high cost.

Yes= 17

58.6

No= 12

41.4

4) There is no uniformity in the administration of the Shari’ah

Court in all states in Malaysia.

Yes= 16

55.2

No= 13

44.8

5) It is difficult because only people who get a letter of

administration from the Civil High Court have the power to

distribute the estate.

Yes= 13

44.8

No= 16

55.2

6) Process is difficult because it involves many beneficiaries/all

heirs

Yes= 19

65.5

No= 10

34.5

7) Heirs difficult to reach consensus

Yes=14

48.3

No= 15

51.7

8) Difficulties in collecting relevant documents to complete the

claim form.

Yes= 18

62.1

No= 11

37.9

9)I do not know how to begin the process of claiming the

inheritance

Yes= 6

20.7

No= 23

79.3

Total Answer

29/231

100

Table 6 above shows the barriers and challenges in Islamic Inheritance distribution. Barriers and

challenges in Islamic inheritance distribution are identified based on previous study done by

Noordin et al (2012), Dahan et al.,(2012) and Sargeant, A., & Hilton, T. (2006). Out of 231

respondents, only 29 respondents have experienced dealing with Wasiyyah writing provider and

estate distribution. Based on the results in the table 6 above, 75.9% of the respondents state that

the challenges that they faced are estate management and distribution process which takes a very

long time to settle. 65.5% respondents state that the process of claiming and distribution of

deceased estate is difficultt because it involves all heirs/beneficiaries. Meanwhile 62.1% of the

respondents state that they faced difficulties in collecting all relevant documents to complete the

claim form. Futhermore, 58.6% of the respondents state that another barrier is that estate

management and distribution process require quite high cost. 55.2% of the respondents state that

there is no uniformity in the administration of the Shari’ah Court. Moreover, 48.3% of the

respondent find that it is difficult for heirs to reach consensus and this result in delay of the estate

distribution process. In addition, 44.8% of the respondents state that the challenges in the process

of estate distribution in Malaysia involves more than one legal system that makes it complicated

and only people who get a letter of administration from the Civil High Court has the power to

distribute the estate.

8. INFERENTIAL ANALYSIS: BINARY LOGISTIC REGRESSION

Binary logistic regression analysis is used in this study to examine the relationship between a set

of independent variables (e.g factors influencing Wasiyyah adoption) and the dependent variable

(Wasiyyah adoption). Table 7 below shows the logistic regression model classification table. The

purpose of this table is to provide an indication of the model‟s predictive ability. The model

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International Journal of Humanities Social Sciences and Education (IJHSSE) Page | 8

correctly predicts 185 cases out of 185 cases that do not adopt a Wasiyyah. However, the model

correctly predicts 0 cases out of 46 cases that adopt a Wasiyyah.

Table 7. Classification Table

Observed

Predicted

Wasiyyah Adoption

Percentage Correct

Yes

185

100

Overall Percentage

80.1

b. The cut value is .500

The correlation between the actual and predicted values of the dependent variable is investigated

via the Hosmer and Lemeshow goodness-of-fit statistic. Table 8 shows that the significant value

is 0.143 which is bigger than 0.05 indicating a good model fit.

Table 8. Hosmer and Lemeshow Test

Chi-square

Sig.

12.177

.143

Next, the goodness-of-fit for this binary logistic regression model is analysed. Based on table 9

below, this research finds that the value for Nagelkerke R² is 0.093, which is close to 1. Similarly,

the Cox and Snell value is 0.148 that is also close to ± 1. These results suggest that the model fits

very well.

Table 9. Model Summary

-2 Log likelihood

Cox & Snell R Square

Nagelkerke R Square

208.026

.093

.148

a. Estimation terminated at iteration number 5 because parameter estimates changed by less than .001

Table 10 (Variables in the Equation) provides the information about the binary logistic regression.

There are two variables which are significant, (Know=0.027 and Wealth=0.000). Therefore, it can

be concluded that the foremost factors that influence Wasiyyah adoption are knowledge and

wealth management.

Table 10. Variables in the Equation

Variable

S.E.

Wald

df.

Sig.

Exp(B)

Step 1

KNOWLEDGE

.712

.322

4.897

.027

2.039

LIFE EVENTS

.186

.206

.814

.367

1.204

WEALTH

-1.080

.271

15.903

.000

.340

INSTITUTIONS

.292

.259

1.277

.258

1.340

Constant

1.397

1.226

1.298

.254

4.043

a. Variable(s) entered on step 1: KNOWLEDGE, LIFEEVENTS, WEALTH, INSTITUTIONS

9. DISCUSSION ON FINDINGS

Based on the findings, among the four factors that are being studied (i.e knowledge, life events,

wealth management and institutional factors,) knowledge and types of wealth management assets

have a significant influence on Wasiyyah adoption.

The results show that knowledge has a positive relationship with Wasiyyah adoption. Knowledge

has been identified as „the level of awareness among Malaysian Muslims towards the basic

rulings of Wasiyyah and legislations of Wasiyyah in Malaysia‟. This is consistent with the study

done by Ahmad & Peyman, (2008). This is also consistent with the study done by Shahanaaz,

(2010), Dahan et al., (2012), where they find that there are still many people in Malaysia who

believe that the Will as not an important document compared to other financial planning

documents. This is due to the lack of understanding and awareness on the importance of Will

writing proven supported by the relatively low number of Malaysians who possessed a Will in

Malaysia.

Wasiyyah (Islamic Will) Adoption and the Barriers in Islamic Inheritance Distribution among

Malaysian Muslims

International Journal of Humanities Social Sciences and Education (IJHSSE) Page | 9

Two hypotheses are supported in this study. which. They are hypothesis 1 and hypothesis 3.

Hypothesis 1 claims that there is a significant relationship between knowledge and Wasiyyah

adoption. This finding is consistent with Omar (2009), ZAR Perunding Pusaka (2004b), ZAR

Perunding Pusaka (2004c) and Hassan and Yusop (2006) who all observe that one of the

reasons behind the poor practice of Islamic estate planning and Wasiyyah is the lack of

knowledge and also the misunderstanding towards the concept of Islamic estate planning, such as

Faraid and Wasiyyah.

Hypothesis 3 in this study is also supported. There is a significant relationship between types of

wealth management assets and Wasiyyah adoption. This finding is consistent with Tin (2009), in

which, h. He finds that householders with bequest motives are far more likely to save in monetary

assets than those without observable bequest motives. Householders with bequest motives save

more in monetary assets, especially interest-earning monetary assets, and transfer a larger

percentage of their permanent incomes to monetary assets than those without bequest motives.

In conclusion, the more knowledge one has about Islamic inheritance,the higher the intention to

make a Wasiyyah is. The higher the level of awareness of wealth management is,the higher the

intention to make a Wasiyyah is.

10. RECOMMENDATIONS FOR FUTURE STUDIES

Future studies could be based on a larger sample and over a longer period of time in order to get

more respondents who are involved with Wasiyyah. The analysis would be more accurate in

determining the factors that can influence people in writing a Wasiyyah. This study investigates

the Malaysian Muslims‟ attitudes using primary data through direct questioning of respondents by

using a questionnaire survey. Future studies can expand this research by considering using

secondary data such as savings, investment, gift transfers and money transfers. It also

recommended that government institutions undertake research on these particular topics on a

larger scale, since the sample size in this study is relatively restricted due to time and cost

constraints. Lastly, future research can be extended to use other methods such as interviewing the

Wasiyyah writing provider and their clients. By conducting questionnaires and interviews, more in

depth information can be gathered to examine the factors that can increase Wasiyyah adoption

among Malaysian Muslims.

REFERENCES

Afiqah, F., Azmi, B., Tahir, M., & Mohammad, S. (2011). The Causes of Unclaimed , Late

Claimed or Distributed Estates of Deceased Muslims in Malaysia. 2011 International

Conference on Sociality and Economics Development,no. 10,pp. 440–444.

Ahmad, I., & Peyman, J. (2008). Exploring Muslim Society‟s Knowledge Of Wasiyyah.Journal

Of Muamalat and Islamic Finance Research Vol.5,No.1,2008

Ahmad, Md Yazid, & Laluddin, H. (2010). Pengurusan Harta Pusaka: Permasalahan Sikap

Masyarakat Islam di Malaysia dan Penyelesaiannya Menurut Perspektif Islam. Shariah Law

Reports, 4, 30–54.

Alma‟amun, S. (2010). Islamic Estate Planning: Analysing the Malaysian Perceptions On

Wasiyyah(Will) and Bequest Practices. Durham E-Theses. Retrieved from

http://etheses.dur.ac.uk/731/

Azizi, M. A. & Abdul Rahman, R., Special Report: RM40 billion of Muslims‟ Frozen Estates due

to the Legislation Weakness, Resource document, Mstar Newspaper.

http://mstar.com.my/berita/cerita.asp?file=%2F2010%2F7%2F17%2Fmstar_berita%2F2010

0 717124948&sec=mstar_berita, 2010, 17 July, Accessed 17th July 2010.

Billah, M. M. (n.d.b). Islamic Wealth Management and World View. Available at:

<URL:http://www.icmif.org/doc_store/takaful/Wealth%20Mgt.doc>, Access Date: 16th

May, 20071063-1093.

Dahan, H. M., Mara, U. T., & Ahmad, N. (2012). Factors Inhibiting Islamic Will Adoption:Focus

On Muslim Community. 3rd International Conference On Business And Economic

Research(3rd ICBER 2012) Proceeding, (March), 1805–1818.

Z.H. Ghul et al.

International Journal of Humanities Social Sciences and Education (IJHSSE) Page | 10

Hassan, A. A., & Yusop, Y. (2006). Perancangan harta di ZAR Perunding Pusaka Sdn. Bhd. In S.

M. Mahamood (Ed.), Harta Amanah Orang Islam di Malaysia: Perspektif Undang-undang

dan Pentadbiran (pp. 149–170). Kuala Lumpur: Penerbit Universiti Malaya.

Hassan, A. A. (2008, November). “Penulisan Wasiat: Bolehkah Ia Menghindarkan Harta

Pusaka Menjadi Harta Puaka” (Wasiyyah Writing: Can It Avoid Estate From Being a

Harta Puaka). Majalah Kefahaman Islam VISI, 25-33.

Harbi, N. Al, Al Hudayr, H., Duweik, G., & A.B, Z. (2013). e-Wasiyah : A Solution for Wealth

Management after death. International Journal Of Information System and

Engineering(IJSE), Vol.1,No .1.

Mohd. Awal, N. A. (2007). “Masalah-Masalah Perwarisan Wanita” (Women Succession

Problems), in Konvensyen Perwarisan Harta Islam (Convention of the Islamic Wealth

Succession) (pp. 124-143). Kuala Lumpur: Amanah Raya Berhad.

Muhamad, A. (2007). “Ke Arah Penyelesaian Harta Pusaka Kecil Yang Lebih Bersepadu

Cekap dan Cemerlang” (Towards the More Integrated, Efficient and Excellent Small

Estate Settlement), in Konvensyen Perwarisan Harta Islam(Convention of the Islamic

Wealth Succession) (pp. 62-85). Kuala Lumpur: Amanah Raya Berhad.

Noordin, N., Shuib, A., Zainol, M. S., Azam, M., & Adil, M. (2012a). Issues And Challenges In

Islamic Inheritance. International Journal of Sustainable Development.

Noordin, N., Shuib, A., Zainol, M. S., Azam, M., & Adil, M. (2012b). Islamic Inheritance Claim

Processes - Non- Normality Data Traits and Best Estimator Choice. 2012 IEEE Symposium

on Humanities, Science and Engineering Research Islamic,pp. 635–640.

NST online. (2007, January 22). RM 40 billion waiting to be given to heirs. Retrieved from

http://www.my will.com.my/article_info.asp?qid=21

NST online. (2009,September 28). Think you are too young to have a will?. Retrieved from

http://www.nst.com.my

Palmer, L., Ph, D., Bhargava, V., & Hong, G. (2006). Will adoption and life events among older

adults , Financial Services Review 15 , pp. 281–295

Rossi,A.S.,& Rossi P.H.(1990). Of Human Bonding: Parent-Child Reactions across the Life

Course.New York: Aldine de Gruyter

Salam, I. (2006, July 6). Cairkan harta beku, Utusan Malaysia Online – Rencana. Retrieved from

http://www.utusan.com.my/utusan/info.

Tin, J. (2009). Bequest motives and household money demand. Journal of Economics and

Finance, 34(3), 269–283.

Yaacob, O. (2006). Pembentuakan Trust Hibah Sebagai Alternatif Perancangan Harta. In S.M

Mahamood (Ed.), Harta Amanah Orang Islam di Malaysia: Perspektif Undang-undang dan

Pentadbiran (pp. 171–205). Kuala Lumpur: Penerbit Universiti Malaya.

Yahya, M.H, ,J. Muhammad,A. Abdullah,A. M. Nasir(2012). Chinks in the capitalism system –

the pertinence ofIslamic finance. Proceedings of the Academic and Business Research

Institute International Conference - Las Vegas 2012, pp.

Wasiyyah (Islamic Will) Adoption and the Barriers in Islamic Inheritance Distribution among

Malaysian Muslims

International Journal of Humanities Social Sciences and Education (IJHSSE) Page | 11

AUTHORS’ BIOGRAPHY

Zahirah Hamid Ghul, A tutor in UiTM who is working on her MSc(Master of

Science in Islamic Finance) in UPM

Dr. Mohamed Hisham Yahya, A senior lecturer in UPM with specialization in

banking.

Dr Amalina Abdullah, is the head of department in the accounting and finance

department at the faculty of economics and management, UPM.