The document discusses Muslim inheritance law in Singapore. It notes that under Section 112 of the Administration of Muslim Law Act, the inheritance of Muslims who die domiciled in Singapore is governed by Muslim faraid law and Malay custom. Faraid law fixes the shares of inheritance beneficiaries. Certain assets like jointly held property and nominated insurance policies are not subject to faraid distribution. Upon death, debts must first be paid, then up to 1/3 of the estate can be distributed via will, with the remaining 2/3 reserved for faraid beneficiaries. The document also outlines the executor role and requirements for a valid Muslim will or wasiat.
1. 1 Section 112 of Administration of Muslim Law Act (Cap. 3)
2 Muslim Law of Inheritance = Faraid
3 The Faraid beneficiaries (waris) and their shares are fixed
I.R.B. LAW LLP
MUSLIM INHERITANCE & WILLS (WASIAT )
Introduction
Assets of all Muslims who died domiciled in Singapore shall be
distributed in accordance with Muslim law and (where applicable)
Malay custom
2. Assets which do not come under Faraid distribution
1 Property held in Joint-Tenancy
with another or others
Joint bank accounts
with spouse or child
2
3
Nominated CPF monies
4 Nominated insurance
policies
I.R.B. LAW LLP
MUSLIM INHERITANCE & WILLS (WASIAT )
3. Assets which come under Faraid distribution
Maximum ⅓ or 33% can be
given to non-Faraid
beneficiaries (non-waris)
under a Will (Wasiat)
Balance ⅔ must be reserved
for Faraid beneficiaries
(waris)
I.R.B. LAW LLP
MUSLIM INHERITANCE & WILLS (WASIAT )
4. Sequence of distribution of assets under Muslim Law
Debts to Allah
(Haj, Zakat, Fidyah, Kafarah)
Debts to Persons (unless waived)
(Including funeral and
medical expenses)
1
2
Will (Wasiat)
(Gift(s) under ⅓ provision)
3
Faraid Beneficiaries
(Waris)
4
I.R.B. LAW LLP
MUSLIM INHERITANCE & WILLS (WASIAT )
5. Executor for Will (Wasiat)
Executor(s) must apply to court for Grant of Probate
after death of Testator with original Will (Wasiat)
Executor(s) must carry out (execute) Will (Wasiat) in
accordance with the law
Executor(s) can be anyone, including beneficiaries
1
2
3
I.R.B. LAW LLP
MUSLIM INHERITANCE & WILLS (WASIAT )
6. Miscellaneous Matters
I.R.B. LAW LLP
MUSLIM INHERITANCE & WILLS (WASIAT )
1 Nazar and Hibah not enforceable unless comply
with limitations on Wills (Wasiat) or with consent of
Faraid beneficiaries (waris)
2 If there is no Will (Wasiat) next-of-kin must apply for
Grant of Letters of Administration (not Probate)
7. + Muslim Inheritance Law – Faraid
https://irblaw.com.sg/learning-centre/muslim-inheritance-law-faraid/
+ Why you can’t ignore Faraid
https://irblaw.com.sg/learning-centre/why-you-cant-ignore-faraid/
+ The Muslim Will - Wasiat
https://irblaw.com.sg/learning-centre/muslim-wills-wasiat/
+ Distribution of a Deceased Muslim’s assets
https://irblaw.com.sg/learning-centre/distribution-deceased-muslims-estate/
+ Overview of Hibah
https://irblaw.com.sg/learning-centre/overview-hibah/
+ Do The Limitations Imposed On The Muslim Will Apply To The Nazar And The Hibah?
https://irblaw.com.sg/learning-centre/limitations-mulsim-will-nazar-hibah/
References
I.R.B. LAW LLP
MUSLIM INHERITANCE & WILLS (WASIAT )
