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SYARIAH Wills

wasiat & hibbah

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Writing a Will is an important affair especially so if your Will is governed by the Muslim Law in Singapore. At Emerald Law, our Wasiat & Hibbah specialising lawyers will be able to advise you on how to draft your Will so that your wishes will take effect. 

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Faraidh is Muslim Inheritance Law which forms part of Syariah Law in Singapore. 

 

Faraidh deals with how the assets and estate of a deceased muslim person should be distributed to his/her beneficiaries. 

Hibah is a gift. However, it is sometimes understood to be a legal instrument to provide a gift to someone. A hibah may pass during the lifetime of a person or even after.

Ruqba is a gift contract subject to the life of donor and beneficiary. Whoever dies earlier the other party will enjoy the donation. Ruqba means waiting for the other to die.

Muslim who passed away without writing a Will, their assets will be distributed to their heirs according to the Islamic inheritance law or what we call Faraidh.

Faraidh deals with the distribution of the estate of a deceased person among his/her heirs in accordance with Allah’s (God) decree in the Holy Quran and according to the hadith or tradition of the Messenger of Allah (peace be upon him).

Yes, it must. If it does not, the Court may declare it void unless all the beneficiaries provide written consent.

You may then choose to do a Deed of Family Arrangement where the agreement of all your beneficiaries is required. For example, if someone has one daughter and two sons as his only beneficiaries and wishes to bequest all of his estate to his daughter and not his sons, and if the sons are agreeable, such an agreement may be done. It must be noted that to date, this kind of arrangement has not to be challenged in Court and as such, while it is commonly done, it may not be foolproof.

You may then choose to do a trust. Once again, a trust may be challenged for a variety of reasons, especially if it arguably ‘circumvents’ Islamic inheritance law.

  1. You must have mental capacity (be of sound mind).
  2. You can only distribute away one-third (1/3) of your assets, the remaining two-thirds (2/3) will be distributed to your beneficiaries through Faraidh Law
  3. You must appoint an executor or executors.

It is a sunnah, and it provides clarity on your estate, especially regarding who is the administrator.

Under joint tenancy, the owners will have an equal share in the flat, and upon the demise of any joint owner, his interest in the flat will automatically be passed on to the remaining co-owners. This is what is meant by the right of survivorship.

This is regardless of whether the deceased joint owner has left behind a Will, and this applies to Muslims as well. Please refer to the following link from HDB website for more information on the different ways one may hold their shares in a flat.

The Court of Appeal (the Highest Court in Singapore) in a 2010 case overruled a previous fatwa given by MUIS (Majlis Ugama Islam Singapura) which stated that upon the death of the joint owner, the remaining property (50%) should be distributed according to faraidh.

As such, the right of survivorship will apply to Muslims in Singapore. It is only when shares are held in tenancies in common (each co-owner holds a separate and definite share in the flat) that the deceased’s share will be divided according to faraidh.

The latest MUIS Fatwa on Joint Tenancy has settled the long-running debate. Now, there is no confusion as to whether Joint Tenancy is an Islamic concept. It is now held that it is. Link to latest muis fatwa on muis page is found here.

No, the Intestate Succession Act does not apply to Muslims. A Muslim's estate will be distributed in accordance to Syariah Law in Singapore due to the Administration of Muslim Law Act in Singapore.

You can only make a Will and distribute assets to people who are non-beneficiaries (Ajnabi).

When a person passes away the following will be deducted from his/her estate:

  • Gifts made while he/she was alive
  • Jointly owned matrimonial property
  • any promises made to Allah where he/she had vowed to give
  • Funeral and other expenses related to the person's death.
  • Debts owed to others.
  • Outstanding debts owed to the Government.

You may enter into a Deed of Family arrangement where the share of your estate can be distributed in a manner other than that of faraidh but this requires the consent of all the beneficiaries. 

There are many grey areas concerning Muslim estate planning in Singapore. It is especially important to know how to navigate the mix of civil law, fatawa and Islamic law in this context.

Why Choose us

we are specialised

Each and every lawyer assigned to your case is someone who has handled many similar cases before. They each bring a specialised element to your matter ensuring that your case is handled with the utmost care.

we provide solutions

We ensure that the advise and solution provided to you resolves your matter in the most efficient manner. We are not here to simply talk, we're here to provide REAL solutions.

we are committed

We provide service with such dedication that we can even arrange to meet you outside of our normal office hours.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

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