Faraid Law

The Muslim law of inheritance, also referred to as Faraid law, governs the distribution of a deceased Muslim’s estate among their heirs. In Singapore, Muslim estates are regulated under the Administration of Muslim Law Act (AMLA). As per Section 112 of the Act, when any Muslim individual domiciled in the country passes away, his property must be administered and distributed in accordance with Faraid law. In addition, any Will or Wasiat that was made by the deceased must adhere to the principles of Faraid.

According to the Muslim law of inheritance, the following assets are excluded from distribution:

• Nominated life insurance payouts
• Nominated Central Provident Fund (CPF) monies
• Property owned under joint tenancy
• Jointly acquired assets (by the deceased and spouse)
• Assets that are given away (under the Will)

Once the named executors and trustee of the Will apply for a Grant of Probate, a document that confirms the authority of the individual appointed as an executor, they can set out to share the estate according to the deceased’s wishes as expressed in the Will. It is important to note that the Muslim law of inheritance permits only 1/3 of the estate in the Will to be bequeathed as Hibah (gift). The remaining 2/3 of the estate must be distributed among the heirs – generally, the male heirs receive twice the shares of the female heirs.

• Male heirs: Son, father, grandfather (father’s father), grandson (son’s son), husband, brother, uncle (father’s brother), nephew (brother’s son), half-brother, male cousin, and direct male descendants.
• Female heirs: Daughter, mother, grandmother (mother’s mother and father’s mother), granddaughter (son’s daughter), wife, sister, and half-sister.

In the absence of a Will, an administrator can distribute the estate according to the Inheritance Certificate, which is carried out before applying for a Grant of Letters of Administration. The beneficiaries of the estate are usually the deceased’s next-of-kin, who can serve as the administrator for this distribution. In conforming with Faraid law, the inheritance certificate, which can only be issued under the jurisdiction of the Syariah court, is a document that specifies how the estate will be shared among its beneficiaries.

When preparing your Muslim inheritance, always consult a law firm with highly experienced lawyers who are well-versed in Muslim laws to help you be prepared for any eventuality and ensure that your family is well looked after. Whether you need to write a Wasiat, apply for a probate, or want some guidance with your estate distribution, our legal experts are here to help you. Get in touch with us now!