Muslims’ Inheritance Law In Singapore

The branch of the Islamic law that regulates inheritance is called “Faraidh”. It’s provided for under The Administration of Muslim Law Act (Cap. 3), and administered by the Syariah Court.

What is Faraidh?

Faraidh is a branch in Islamic or shari’ah law dealing with inheritance and how Muslims’ estates are distributed after death. The principles of Faraidh are found in the Holy Quran, the traditions and sayings of the prophet (Hadith) and the majority opinion of Islamic scholars.

Generally, and regardless of being Muslim or not, your assets include real estate, vehicles, shares, bank accounts, jewellery, insurance, investment, etc. Please note, this does not include CPF monies, life insurance payouts with nominations or real estate owned under joint tenancy.

Can you ignore Faraidh?

**The answer is No. **

The rules of Faraidh exist to ensure the fair distribution of a deceased Muslim’s estate. That’s why, according to The Administration of Muslim Law Act (Cap. 3) ¹, all Muslims domiciled in Singapore are required to follow the rules of Islamic law, specifically the intestate law of Faraidh, in all matters related to inheritance, including the distribution of property to any muslim person following their school of faith. The Majlis Ugama Islam Singapura (“MUIS”), also known as the Islamic Religious Council of Singapore, plays a crucial role in advising and managing the implementation of Faraidh and such arrangements in Singapore.

Which means that if a person renounced Islam while he is still alive, then his assets will not be distributed according to the rules of Islamic law. Similarly, if one of the heirs of a deceased Muslim has renounced Islam, he won’t inherit from the deceased Muslim.

Can you distribute all your assets according to your Will?

The answer is No.

All Muslims domiciled in Singapore cannot distribute their estate according to a Will except in accordance with the rules of Islamic law and the school of Muslim law professed by the deceased ². These rules explicitly state that you can distribute only one third (⅓) of your assets according to your Will, as outlined in the Wills Act. Any amount above this one-third (⅓) will be disregarded.

Keep in mind, if you distribute more than one third (⅓) of your estate according to your Will, the excess amount will be considered invalid, unless all the heirs give their consent on that distribution.

Who can inherit from the deceased Muslim?

Generally, there are two types of heirs:

1. First, Quranic heirs (Ashab Al Froud)

These twelve heirs have fixed shares mentioned in the Quran.

• Husband
• Wife
• Mother
• Father
• Grandfather
• Grandmother
• Daughter
• Son’s Daughter
• Full Sister
• A Sister from the same father (Consanguine)
• A Sister from the same mother (Uterine)
• A brother from the same mother (Uterine)

2. **Second, Residual beneficiaries (Asabah) **

   There are three types of residual beneficiaries, and they receive the residue of the deceased estate after giving the Quranic heirs their shares. We are not going to get into detail of who can be considered as a residual beneficiary.

[Please note that only a few of the above mentioned heirs or beneficiaries will inherit the deceased. More importantly, the process of distributing the deceased’s estate and giving each beneficiary his percentage can be quite complex, and this is only a general overview of who may inherit a deceased Muslim.]

Why should you plan your estate?

There is a misconception that all Muslims domiciled in Singapore cannot or don’t have to plan their estate because the rules of Faraidh will automatically apply to them. Muslims are allowed to draft a valid Will (known as a Muslim Will or Wasiat), and distribute up to one third (⅓) of their estate according to their Will, in accordance with Muslim inheritance law, also known as Syariah law. This may be important in the following scenarios:

Scenario 1: If you have a non-Muslim spouse or relative

The general rule is that non-Muslims cannot inherit a Muslim’s estate. However, Muslims are allowed to leave a Will and make a non-Muslim one of the beneficiaries in that Will. This is extremely important if you have a non-Muslim spouse or relative that you love and care about, and you want them to be financially secure when you pass away.

Scenario 2: If you have an adopted child

This is also one of the most important situations, because, normally, an adopted child is not one of the deceased heirs in Islamic inheritance law. However, you’re allowed to draft a Will and give your adopted child up to one third (⅓) of your estate in order to keep him safe and financially secure.

Scenario 3: If your son, spouse or relative is a revert Muslim

As we have mentioned, if a person renounces Islam, then he cannot inherit a Muslim. So, if you want your relative, spouse, son or daughter to get a percentage of your estate, you have to plan your estate by drafting a valid Will.

Appoint an executor and a guardian for your children

Firstly, planning your estate allows you to choose your desired executor; an executor will manage, administer and distribute your estate after you die. Accordingly, you need to appoint someone who is trustworthy, knows your wishes and respects them.

Secondly, drafting a Will and planning your estate allows you to make sure that your child/children will receive the appropriate care and protection when you pass away. This is done by appointing a testamentary guardian in your Will. Upon your death, this testamentary guardian will become the legal guardian of your child/children and will be responsible for their welfare and care.

Donations and Wakaf

Finally, planning your estate is a must if you want to set aside donations or wakaf ³ for charitable purposes.

How can you plan your estate?

Estate planning usually involves drafting a valid Will, and, also, drafting a lasting power of attorney ⁴. This process can be easily done without spending a fortune on estate planners or lawyers. You can easily plan your estate by using WillCraft.

WillCraft is a user-friendly and affordable method that helps you draft your Will in under 30 minutes. At WillCraft, we guide you through the whole process by providing prompts and tips along the way. Our platform allows you to appoint your desired executor, and appoint a guardian for your child/children. We also provide the option for getting your Will reviewed and witnessed by our own lawyers.

So, what are you waiting for?

” Start drafting a formally valid Will with WillCraft from just S$99 now!

Conclusion

As a Muslim, it’s necessary for you to plan your estate wisely, because, as we have mentioned, you can distribute only one third (⅓) of your estate. More importantly, you can do that without spending a fortune on an estate planner. Use WillCraft now to safeguard your children’s future!

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