SHARIAH
AMASS Law Firm provides legal advisory and representation in Shariah-related matters for individuals and families, including high-net-worth individuals, with a focus on complex estate and succession planning matters.
The firm assists clients in navigating legal, procedural, and Shariah considerations arising from estates involving multiple assets, family structures, and cross-border elements in Malaysia and overseas.
The firm’s Shariah practice includes:
1.Private Wealth Planning
AMASS Law Firm provides legal advisory on private wealth planning for individuals and families, particularly in relation to asset management, family arrangements, and long-term planning in accordance with Shariah principles and applicable civil law.
Core Areas under Private Wealth Planning
a. Islamic Will (Wasiat)
Advisory and preparation of wasiat in accordance with Shariah principles and legal requirements, including:
- Distribution of up to one-third of estate
- Appointment of executor
- Coordination with faraid principles
b. Hibah (Inter Vivos Gifts)
Advisory on hibah arrangements, including structuring and documentation of lifetime gifts, particularly for:
- Properties
- Business interests
- Family asset arrangements
Hibah planning is often used to minimise disputes and ensure clarity in asset ownership during the client’s lifetime.
c. Harta Sepencarian
Advisory and representation in matters relating to harta sepencarian, including:
- Determination of spousal entitlement
- Documentation of agreed arrangements
- Consideration of harta sepencarian in estate administration
d. Asset Structuring for Family Wealth
Advisory on structuring ownership of assets to facilitate orderly management and succession, including:
- Personal vs joint ownership
- Family arrangements
- Alignment with Shariah and civil law considerations
e. Planning for Cross-Border Assets
Advisory on private wealth planning involving assets held in Malaysia and overseas, focusing on legal coordination and documentation considerations.
- Inheritance for Muslim Family
AMASS assists Muslim individuals and families in matters relating to inheritance under Islamic law, including applications for and obtaining of Sijil Faraid from the Shariah Court. The Sijil Faraid determines the lawful heirs and their respective entitlement in accordance with faraid principles, and serves as the foundational document for subsequent estate administration and distribution.
- Probate and Letters of Administration
AMASS advises and represents individuals and families in probate and estate administration matters, including both testate and intestate estates.
Grant of Probate
Where the deceased left a valid will, AMASS assists in applying for a Grant of Probate, including the preparation and filing of the necessary court documentation.
Letters of Administration
Where the deceased did not leave a will, AMASS assists in applying for Letters of Administration, including compliance with court requirements and procedural matters.
Distribution of Estate Assets
Following the grant of representation, AMASS assists in the legal process of distributing estate assets to the rightful beneficiaries, including attending to documentation and procedural matters relating to the transfer of properties and other estate assets.
- Estate Planning
AMASS provides estate planning advisory services with a focus on complex estates, including estates involving multiple assets, business interests, or cross-border holdings.
Estate planning advisory involves legal structuring and documentation intended to facilitate orderly asset management and future distribution, taking into account both civil and Shariah considerations.
- Succession Planning
AMASS advises on succession planning matters involving complex family and asset structures, including succession of family-owned businesses and multi-jurisdictional assets.
The advisory focuses on legal arrangements intended to support continuity, orderly transition, and long-term planning across generations.