Case 5 — Two Wives, Nine Children & Jointly Acquired Property

The deceased, Nuh bin Daud, passed away on 12 December 2020 at the age of 67 from respiratory failure.

The Facts

• His father, Daud, died in 2018. His mother, Hamimah, survives him.
• First wife — Zainab binti Ibrahim, divorced in his lifetime. Three children, all sons: Zainal, Masri and Zamri.
• Second wife — Jamilah binti Hamzah, who survives him. Six children: two sons (Asri, Suffian) and four daughters (Nabilah, Huda, Nurul Hidayah, Aina).
• All the heirs are of sound mind, none is bankrupt, and all are Malaysian citizens.

The Original Faraid Distribution

The Effect of the Harta Sepencarian Claim

Here the second wife, Jamilah binti Hamzah, claimed harta sepencarian. The Syariah Court ordered one half to the wife, with the remaining one half to be distributed by faraid among the heirs.

On sworn evidence and with the heirs’ consent, the estate was accordingly ordered as follows:

I hope this helps.