Muslim people form a significant religious minority in Singapore and each one of them will have to interact with Syariah law at some point in matrimonial matters, including inheritance. The estate of the deceased person is distributed to his/her heirs according to the Faraid law or the Islamic inheritance law.
The Muslim law of inheritance differs from the intestate succession under the civil law of Singapore. It’s important to know the distinction between the two, including the order of succession, who gets what, and who is subject to which inheritance law. In that way, properties will go to the rightful heir without further problems or disputes.
The constitution of Singapore and the Administration of Muslim Law Act (AMLA) ensure that Muslims are entitled to fair execution of justice that follows Islamic beliefs and tradition. Syariah courts are given jurisdiction to distribute and handle disputes related to inheritance.
Inheritance and wills in common law
The common law of inheritance is outlined in the Intestate Succession Act, which has been in effect since 1967. The provisions in the law identify the rightful successors and the amount that each of them will acquire as their share of the deceased person’s assets and properties.
This law is applicable only to non-Muslim citizens in Singapore who have not left a will prior to their demise. If a person doesn’t craft a valid will, the Intestate Succession Act automatically takes over. Now, if the person has left a will, given that it’s legally binding according to the Wills Act, all assets, properties, and estates will be distributed according to the stipulations written in the document.
Muslim inheritance law
Muslim inheritance law in Singapore is practiced by the AMLA. The Syariah court has jurisdiction to administer Faraid law (Islamic law of inheritance) and handle cases and disputes relating to the distribution of a deceased person’s estate.
AMLA’s provision is clear: Muslim inheritance law must apply to all Muslims residing in Singapore who died after July 1, 1968. Wills must also abide by Faraid law in order for wills to be binding. Muslim inheritance includes conditions, restrictions, and rules that are not practiced in the common law. This article identifies some of the major differences between Faraid law and inheritance under Singapore’s civil law.
Differences between Faraid and common inheritance law
- Will
The amount of control over who gets what is one of the major differences between the common inheritance law and Faraid. In civil law, basically, the person has liberty over the individuals to whom they want to leave their properties by writing a will. In Faraid, only ⅓ of the property can be willed away. This means that even with a will, the distribution of the majority of the assets is already arranged according to Islamic principles. Muslim inheritance law in Singapore follows this arrangement.
- Men get a bigger share
Husbands, sons, fathers, grandfathers, or men in general are allotted shares that are twice as much as women of the same relational level. For instance, a husband receives half of his deceased wife’s property if they have no children and ¼ the amount if they have. A wife receives ¼ of her deceased husband’s properties and ⅛ the amount if they have. In cases where there are children, the assets are divided among them, with sons or male heirs getting double the share compared to daughters or female heirs. This shows the central role that gender plays in Islam, where men are ascribed heavier responsibilities; hence, they are prioritised in the inheritance.
- Crafting a will
Another aspect of Muslim inheritance law in Singapore that shows the key role of gender is in crafting the will. In order to be valid, two Muslim males who are at least 21 years old must be present to witness the signing of the will. If no males can be found, four Muslim females should be present instead, but there hasn’t been any case of this, so it’s encouraged to have male witnesses. In civil law, two witnesses are also required, but they could be of any gender.
- Adopted children
Adopted children are not included in both Faraid and common inheritance laws. However, the common law under the Wills Act allows more freedom to decide how much a child will receive after the parent dies through writing a will. The deceased parent can leave all or a huge chunk of his/her assets to his/her adopted child. In Faraid, an adopted child can only receive ⅓ of the parent’s property at most, as, again, the assets that can be willed away are limited to ⅓.
Faraid law in Singapore
The common inheritance law and Faraid have major differences and it’s important to take note of them. Muslim inheritance law in Singapore can be a little complicated so it’s encouraged that you ask for assistance from a Syariah lawyer. This way, the rightful heirs receive the shares that are due to them, as determined by Islamic principles.