Last Updated on December 4, 2024 by Tree of Wealth

While drafting a will may not be the most thrilling task, it’s a crucial step—especially for Muslims in Singapore. Proper planning ensures your estate is distributed in accordance with Islamic principles, sparing your loved ones from potential conflicts and stress in the future.

Here’s what we’ll cover in this guide:

• An overview of Muslim intestacy law in Singapore
• Understanding the basics of Faraid
• Which properties are subject to Faraid and which are excluded
• How assets are distributed according to Faraid rules
• The challenges and limitations of Muslim wills under Faraid

Did You Know?

Without a will, your estate might not be allocated according to your preferences. This is why understanding the importance of estate planning and the principles of Faraid is essential.

Let’s delve into the key points to ensure your legacy is secure and distributed in line with your beliefs.

A Guide to Muslim Intestacy Laws in Singapore: What You Need to Know

Muslim intestacy law in Singapore provides a structured legal framework for distributing the estate of a deceased Muslim who passes away without a valid will.

Unlike the civil intestacy laws that apply to non-Muslims, Muslim intestacy is guided by principles rooted in Islamic law, specifically Faraid. This ensures that the distribution aligns with religious teachings.

The key legislation governing Muslim inheritance in Singapore is the Administration of Muslim Law Act (AMLA). Enacted in 1966, AMLA serves as the foundation for managing Muslim affairs in the country, including the inheritance process.

The Role of Faraid and MUIS

Under AMLA, the inheritance process must comply with Faraid, the Islamic law of inheritance. This ensures that the estate is divided among rightful heirs according to prescribed shares.

To oversee this process, the Majlis Ugama Islam Singapura (MUIS) plays a pivotal role. MUIS ensures that both legal and religious guidelines are followed in estate distribution. One of its key functions is to issue the Inheritance Certificate, also known as the Sijil Faraid.

This document is essential as it identifies the legitimate heirs and their respective shares under Faraid principles, ensuring clarity and compliance throughout the process.

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Understanding Faraid: Islamic Inheritance Law Explained

Faraid is the Islamic system of inheritance, designed to distribute a deceased Muslim’s assets among their heirs according to religious guidelines. Derived from the Quran and Hadith, this framework ensures that wealth is divided fairly and justly, reflecting the principles of Islamic law.

When a Muslim passes away without a will, Faraid takes precedence over civil inheritance laws, providing specific instructions on how assets should be allocated. The system assigns fixed portions to heirs based on their relationship to the deceased, creating a clear and equitable process.

How Faraid Works

Under Faraid, heirs are divided into primary and extended categories. Primary heirs typically include the surviving spouse, parents, and children. If none of these relatives are present, inheritance may pass to extended family members such as siblings, grandparents, or uncles and aunts.

The prescribed shares differ depending on the family structure:

• A husband receives one-half of his wife’s estate if there are no children, and one-quarter if there are.
• A wife inherits one-quarter of her husband’s estate without children, and one-eighth if children are present.
• Sons usually receive double the portion of daughters, reflecting the Islamic principle of financial responsibility within families.

This fixed allocation eliminates ambiguity, minimizing the risk of disputes among heirs. However, the prescriptive nature of Faraid can pose challenges, particularly when assets are difficult to divide or when modern financial tools such as investments or insurance policies come into play.

Assets Outside the Scope of Faraid

Not all assets are governed by Faraid. For example:

• CPF savings and insurance policies may bypass Faraid if nominations are made.
• Jointly owned properties are typically passed to the surviving owner under right of survivorship.

This distinction highlights the importance of legal and religious consultation to ensure compliance with both civil and Islamic laws.

Oversight and Administration in Singapore

In Singapore, the distribution of estates under Faraid is managed by the Syariah Court and the Majlis Ugama Islam Singapura (MUIS). These institutions are responsible for issuing the Inheritance Certificate (Sijil Faraid), which outlines the rightful heirs and their shares.

The involvement of these bodies ensures that Faraid principles are upheld while providing guidance to resolve disputes and address complexities. This structured process allows for a harmonious and transparent distribution of assets within the Muslim community.

By offering a framework grounded in fairness and faith, Faraid ensures that inheritance is managed in a way that respects Islamic teachings and family relationships.

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Which Properties Are Excluded from Faraid?

While Faraid dictates the division of a Muslim’s estate in accordance with Islamic law, certain assets are exempt from this framework. Understanding these exceptions is essential for effective estate planning and ensuring compliance with both religious and civil laws in Singapore.

1. Jointly Owned Properties Held Under Joint Tenancy

Properties registered under the Land Titles Act and held in joint tenancy are not subject to Faraid. Instead, the right of survivorship applies, meaning ownership automatically transfers to the surviving joint tenant(s) upon the death of one owner.

This exemption is supported by the latest Fatwa issued by MUIS, which recognizes the unique legal nature of joint tenancy under Singapore law.

2. Nominated CPF Funds

Funds in a deceased person’s Central Provident Fund (CPF) account are excluded from Faraid if a nomination has been made. In such cases, the CPF savings are paid directly to the designated beneficiaries under the CPF nomination scheme, bypassing Faraid entirely.

3. Life Insurance Payouts with Nominees

Proceeds from life insurance policies that have specified nominees are similarly excluded from Faraid. These payouts are distributed directly to the named beneficiaries according to the terms of the insurance policy, regardless of the Faraid framework.

This highlights the importance of making nominations for your CPF savings and insurance policies to ensure these funds are distributed according to your intentions.

Why These Exclusions Matter

The exclusion of certain assets from Faraid allows Muslims in Singapore to align their estate planning with both Islamic principles and local laws. However, it also underscores the need for thoughtful planning, including proper nominations and understanding the implications of joint ownership, to avoid complications and potential disputes among heirs.

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Key Deductions Before a Muslim Estate is Distributed

When dividing a Muslim’s estate under Faraid, several deductions must be made to honor obligations and fulfill religious and legal commitments. These adjustments ensure fairness and proper adherence to Islamic principles.

1. Lifetime Gifts (Hibah)

Assets or property gifted by the deceased during their lifetime are excluded from the estate. These gifts, known as hibah, are not subject to Faraid distribution.

2. Division of Matrimonial Assets (Harta Sepencarian)

For Malay Muslims, jointly acquired matrimonial property—referred to as harta sepencarian—is handled separately. Typically, this property is divided between the surviving spouse and the estate based on agreed terms, with only the estate’s portion distributed under Faraid.

3. Fulfillment of Religious Promises (Nasr or Nazar)

If the deceased made financial vows to Allah, such as pledging donations or completing certain acts of worship, these must be fulfilled before any inheritance is allocated.

4. Funeral and Death-Related Costs

Expenses incurred for the funeral, burial, and other related services are deducted from the estate. These costs are necessary and take precedence over the distribution of the estate.

5. Settling Religious Obligations (Debt to Allah)

Any outstanding zakat (charitable contributions) or other religious dues must be settled from the estate before it is divided among heirs.

6. Repayment of Personal Debts

The deceased’s personal debts to others must also be cleared prior to distribution. This step ensures that financial responsibilities are met according to both Islamic and legal requirements.

Why It’s Important to Address Deductions

Taking these deductions into account ensures that a Muslim’s estate is divided in a manner that respects religious obligations and civil responsibilities. By fulfilling these commitments upfront, the estate distribution process remains smooth, fair, and free from disputes.

Thorough estate planning, including awareness of these key deductions, helps families honor the wishes and principles of their loved ones while maintaining harmony among heirs.

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Types of Assets Distributed Under Faraid

Faraid, the Islamic inheritance law, specifies how a deceased Muslim’s estate should be divided among heirs. In Singapore, this system ensures that assets are distributed according to religious teachings. Below is an overview of the properties typically subject to Faraid.

1. Solely Owned Real Estate

Properties like houses, apartments, or land held solely in the deceased’s name are included in the estate and allocated according to Faraid rules.

2. Personal Possessions

Belongings such as jewellery, clothing, and electronic devices are considered part of the estate and distributed accordingly.

3. Funds in Individual Bank Accounts

Savings, checking accounts, and fixed deposits held in the deceased’s name are part of the distributable estate.

4. Investment Portfolios

Assets like stocks, bonds, and mutual funds owned solely by the deceased fall under the Faraid distribution framework.

5. Business Assets

Ownership stakes in businesses, whether as a sole proprietor or a partner, are valued and included in the estate for distribution.

6. Vehicles Owned by the Deceased

Cars, motorcycles, and other registered vehicles form part of the estate and are divided under Faraid principles.

7. Household Belongings

Furniture, appliances, and other household goods owned by the deceased are included in the estate.

8. Physical Cash

Money in the form of cash, whether kept at home or in safes, is distributed among heirs.

9. Valuables and Collectibles

Precious metals like gold and silver, as well as rare collectibles such as art or antiques, are treated as part of the estate.

10. Outstanding Debts Owed to the Deceased

If anyone owed the deceased money, these debts are collected and added to the estate for distribution.

Knowing which assets fall under Faraid is crucial for effective estate planning. By understanding the rules and principles behind the distribution, families can ensure a smooth process that aligns with both religious obligations and legal requirements.

How Assets Are Divided Under Faraid

Faraid, the Islamic inheritance law, provides a structured method for distributing a deceased Muslim’s estate among their blood relatives and spouse. This framework ensures that the process is fair, equitable, and in accordance with religious principles. Below is a general breakdown of how assets are typically allocated to male beneficiaries under Faraid.

Breakdown of Inheritance Shares for Male Beneficiaries

Beneficiary	Inheritance Details
Son	Receives a portion double that of a daughter. If both sons and daughters are present, sons inherit twice as much.
Father	Entitled to one-sixth of the estate if the deceased had children.
Grandfather	Inherits the father’s share if the father is no longer alive.
Husband	Receives half the estate if there are no children; otherwise, he inherits one-quarter.
Brother	Eligible to inherit if there are no direct descendants or ascendants (e.g., no children or parents).
Uncle (Father’s Brother)	Inherits when closer male relatives, such as sons or brothers, are not present.
Son’s Son	Inherits if there are no direct male descendants, such as sons.
Consanguine Nephew	The son of a half-brother (from the father’s side) inherits in the absence of closer male relatives.
Consanguine Brother	A half-brother (from the father’s side) can inherit if full brothers are not present.
Uterine Brother	A half-brother (from the mother’s side) can inherit if there are no full brothers or sisters.
Male Cousin	Inherits if there are no closer male relatives in the family hierarchy.

Key Principles in Faraid Distribution

1. Sons vs. Daughters: Sons receive double the share of daughters, reflecting traditional Islamic responsibilities for financial care within the family.
2. Hierarchy of Heirs: Immediate male relatives, such as sons and fathers, take precedence over extended family members like uncles or cousins.
3. Specific Shares: Faraid prescribes fixed portions for each category of heirs, ensuring clarity in the distribution process.

Understanding how Faraid dictates inheritance shares is crucial for effective estate planning and avoiding conflicts among heirs. By following this framework, families can uphold religious principles and maintain harmony during the distribution of assets.

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Understanding Asset Division for Female Beneficiaries Under Faraid

Faraid also outlines specific shares for female beneficiaries to ensure a fair and structured distribution of a deceased Muslim’s estate. These shares are predetermined by Islamic law and provide clarity, reflecting the principles of justice and equity. Below is a breakdown of how assets are typically allocated to female heirs.

Inheritance Shares for Female Beneficiaries

Beneficiary	Inheritance Details
Daughter	Receives half the share of a son. If there are no sons, one daughter inherits half the estate; two or more daughters collectively receive two-thirds.
Mother	Entitled to one-sixth of the estate if the deceased has children; otherwise, she inherits one-third.
Mother’s Mother	Inherits in the absence of the mother.
Father’s Mother	Can inherit if the mother is not alive.
Sister	Eligible to inherit if there are no brothers or direct male descendants.
Consanguine Sister	A half-sister (from the father’s side) inherits in the absence of full sisters.
Son’s Daughter	Inherits if there are no direct daughters.
Uterine Sister	A half-sister (from the mother’s side) inherits if there are no full sisters.
Wife	Inherits one-quarter of the estate if there are no children; if there are children, she receives one-eighth.

Key Points in Female Inheritance

1. Fixed Shares: Shares for female heirs are predefined by Islamic law, ensuring a transparent and equitable process.
2. Hierarchy of Heirs: Immediate family members, such as daughters and mothers, take priority over more distant relatives like grandmothers or half-sisters.
3. Residual Estate: After fixed shares are allocated, any remaining estate is distributed proportionately among eligible heirs.

Why Faraid’s Structured Approach Matters

By clearly defining inheritance shares, Faraid helps prevent disputes among heirs and ensures that the distribution of assets aligns with religious teachings. Understanding these rules allows families to respect both the spiritual and legal aspects of estate planning, ensuring a smooth transition of wealth to the rightful beneficiaries.

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Why Muslims Still Need a Will Despite Faraid

While Faraid provides a structured framework for the distribution of a Muslim’s estate, writing a will remains essential. A will ensures that specific wishes are fulfilled, obligations are addressed, and the distribution process aligns with Islamic principles and personal preferences. Here’s why having a will is vital for Muslims:

1. Ensuring Compliance with Shariah

A will enables Muslims to guarantee that their estate is distributed according to Shariah law.

• It facilitates the fulfillment of religious obligations, such as settling debts and fulfilling vows (nazar).
• It provides a way to outline additional instructions or preferences within the bounds of Islamic principles.

2. Safeguarding Minor Children

For Muslim parents, a will is crucial for ensuring the welfare of their children:

• It allows them to appoint trusted guardians who share their values and beliefs.
• This ensures a stable upbringing, proper education, and a secure future for their children.

3. Including Non-Traditional Beneficiaries

Faraid primarily benefits blood relatives, but a will offers flexibility to:

• Provide for adopted children, stepchildren, or close friends who do not inherit under Faraid.
• Allocate up to one-third of the estate for these non-traditional heirs, while preserving Faraid’s principles for the rest of the estate.

4. Reducing Family Conflicts

Inheritance disputes can cause significant family tensions.

• A clear, legally valid will helps avoid misunderstandings by explicitly stating the deceased’s wishes.
• This reduces the likelihood of disputes and promotes harmony during the estate distribution process.

5. Facilitating Charitable Giving (Sadaqah)

Charitable giving is an important aspect of Islamic faith.

• A will enables Muslims to allocate a portion of their estate to support causes or organisations they value.
• This ensures their legacy includes ongoing contributions to their community, reflecting their values and beliefs.

6. Protecting Business Interests

For Muslim business owners, a will is vital in ensuring:

• Smooth management or transfer of business ownership.
• Continuity in operations, particularly for family-owned businesses where keeping control within the family may be important.
• Preventing potential disputes among heirs regarding the division of business assets.

Although Faraid establishes a foundation for estate distribution, a well-prepared will enhances clarity, addresses unique circumstances, and ensures that personal wishes are respected. Combining the principles of Faraid with the flexibility of a will allows Muslims to achieve a comprehensive estate plan that reflects both their faith and individual needs.

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Limitations of a Muslim Will Due to Faraid

A Muslim will is a critical component of estate planning, but it operates within the constraints of Faraid, the Islamic law of inheritance. These limitations ensure that estate distribution complies with Shariah law, protecting the rights of heirs while maintaining fairness. Below are the key restrictions that influence the drafting and execution of a Muslim will.

1. Fixed Shares for Heirs

Faraid mandates specific shares for certain heirs, such as sons, daughters, spouses, and parents.

• These shares are fixed and cannot be altered by the testator (the person writing the will).
• For example, a son is entitled to receive twice the share of a daughter, a ratio that must be adhered to, regardless of personal preferences.

2. Restriction on Bequests

Muslims are permitted to bequeath only up to one-third of their estate to non-heirs or purposes outside the fixed shares of Faraid.

• This allows allocation to friends, charitable causes, or distant relatives not entitled to inherit under Faraid.
• The remaining two-thirds must be distributed among heirs as per Faraid.
  This ensures that immediate family members are financially secure and prevents favoritism.

 

3. Conditional Validity of Bequests

Bequests in a Muslim will must meet certain conditions to be valid:

• If a bequest exceeds one-third of the estate or interferes with the fixed shares, it requires the consent of the primary heirs.
• Without their agreement, the will may face challenges, and portions of it could be invalidated.

4. Inability to Disinherit Heirs

A Muslim will cannot be used to disinherit any mandatory heirs specified under Faraid.

• Regardless of the testator’s relationships or preferences, all eligible heirs must receive their prescribed shares.
• This ensures fairness and protects the rights of heirs as dictated by Islamic law.

5. Mandatory Obligations Before Distribution

Before any distribution occurs, the estate must settle specific obligations:

• Payment of debts owed by the deceased.
• Coverage of funeral expenses.
• Fulfillment of vows (nazar) made to Allah.
  These obligations take priority over bequests and inheritance, limiting the flexibility of the estate’s allocation.

6. Jointly Held Properties and Non-Faraid Assets

Certain assets are not subject to Faraid and cannot be redistributed through a will:

• Jointly owned properties pass automatically to the surviving owner.
• CPF savings and life insurance payouts with specific nominees bypass Faraid and go directly to the named beneficiaries.
  These exclusions limit the scope of what can be included in a Muslim will.

Why Understanding These Limitations Matters

While a Muslim will is a powerful tool for estate planning, its scope is restricted to ensure compliance with Faraid. By understanding these limitations, Muslims can create wills that respect religious principles, protect heirs, and balance personal wishes with mandatory obligations. Proper planning ensures a harmonious and legally sound estate distribution process.

What Makes a Muslim Will Valid in Singapore?

A Muslim will must meet specific criteria to be considered valid and legally binding in Singapore. While similar to the requirements for non-Muslim wills, a Muslim will must also adhere to Islamic inheritance laws and principles. Below are the key requirements for ensuring the validity of a Muslim will:

1. Age Requirement

The testator (the person making the will) must be at least 21 years old, demonstrating legal maturity and the ability to make informed decisions about their estate.

2. Written Document

The will must be in writing. Unlike oral wills, which are rarely recognised, a written will provides clarity and serves as formal proof of the testator’s intentions.

3. Proper Witnessing and Signing

The will must be signed by the testator in the presence of at least two adult witnesses who:

• Are not beneficiaries or spouses of beneficiaries to avoid conflicts of interest.
  This ensures the will is authentic and reduces the risk of disputes.

4. Compliance with Shariah Principles

A Muslim will must align with Islamic inheritance laws (Faraid):

• Up to one-third of the estate can be allocated to non-heirs or charitable causes.
• The remaining two-thirds must follow Faraid rules.
• Debts and obligations (e.g., unpaid zakat or vows) must be settled before any distribution.

5. Clear Identification of Beneficiaries

The will must explicitly identify:

• Beneficiaries and their specific entitlements.
• An executor to manage and distribute the estate according to the testator’s wishes and Faraid principles.

6. Mental Capacity and Free Will

The testator must be of sound mind and create the will voluntarily, free from coercion or undue influence. This ensures the decisions reflect their genuine intentions.

7. Legal Formalities (Optional)

While not required, registering the will with a legal authority adds legitimacy and makes it easier to validate during probate, reducing the likelihood of disputes.

Why Meeting These Requirements Is Crucial

Adhering to these criteria ensures that a Muslim will is both valid and enforceable under Singaporean law and Islamic principles. By fulfilling these requirements, individuals can safeguard their estate, provide for their loved ones, and uphold their religious obligations with confidence.

Common Questions About Muslim Inheritance Laws in Singapore

Can the Rules of Faraid Be Overlooked?

No, the principles of Faraid must be followed.

• Faraid is the Islamic law of inheritance that prescribes specific shares for heirs, ensuring a fair distribution based on religious guidelines.
• A will allows up to one-third of the estate to be allocated to non-Faraid beneficiaries (e.g., friends or charities), but the remaining two-thirds must comply with Faraid.
• Ignoring these rules would breach both Islamic teachings and Singapore’s legal framework for Muslim estates.

Who Receives the Estate if There Are No Faraid Heirs?

When no direct heirs exist under Faraid:

• The estate passes to the nearest eligible relatives as determined by Islamic law.
• If there are no living relatives, the estate is transferred to the Baitulmal (Islamic treasury).
• The Baitulmal ensures the estate is used for the benefit of the Muslim community, such as supporting charitable causes or religious institutions.

What Happens If There Is No Will?

Without a will:

• The estate is distributed entirely under Faraid, leaving no room for personal preferences.
• Non-Faraid beneficiaries, such as adopted children or non-Muslim relatives, cannot inherit.
• If there are no Faraid heirs, the estate is managed by the Baitulmal.
• The absence of a will can complicate estate management, as there is no appointed executor, and the process may become more time-consuming and costly.

Why These Rules Matter

Understanding and adhering to Muslim inheritance laws is vital to ensure a smooth and compliant estate distribution process. While a will offers some flexibility, it works within the framework of Faraid to maintain fairness and uphold Islamic principles.

Final Thoughts

Understanding Muslim intestacy laws and the significance of having a will is essential for ensuring your estate is distributed in accordance with Islamic principles and your personal wishes.

We’ve covered the foundational aspects of Faraid, the properties subject to it, and those that are excluded. Additionally, we explored how assets are divided under Faraid, the limitations of a Muslim will, and the key requirements for making it valid.

By ensuring that your will aligns with both religious obligations and legal requirements, you can provide for your loved ones, reduce the risk of disputes, and achieve peace of mind.

Feeling uncertain or need personalized guidance? Don’t worry—we’re here to support you.

Connect with one of our trusted financial advisor partners for a free consultation. They’ll help you navigate the complexities of estate planning and ensure that every detail is taken care of according to your unique needs.