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A Wasiat is an Iqrar (promise) or covenant by a person, while that person is alive, on his/her property or to complete a benefit for charity or any other reason that is allowed by Syara’ (Islamic Law), which is to take effect upon his/her death.
Following are the rukun of wasiat :
  • Testator (Pewasiat)
  • Beneficiary (Penerima wasiat)
  • Grant Property (Harta Wasiat)
  • Sighah (Ijab & Qabul)
The adopted children have the right to get a wasiat if the wasiat is made to them not exceed the 1/3 of the share/property.
According to shariah Hibah is an agreement which contains the granting of a person’s possession voluntarily to another person during the time of his life without any consideration (‘iwad) or expecting a reward, using the ijab and qabul or the like.
Wasiat is executed after the person die, while Hibah is executed during the person still life.
Pusaka is everything that belongs to the person during their lifetime, is then left to their heirs whether it is property, rights and anything that is included in their possession after they dies.