Why can’t just ignore faraid as a Muslim
In Singapore, Muslims are subjected to follow Syariah Law for matters such as marriages and inheritance. Especially so when dealing with matters on inheritance. The process and requirements for Muslim inheritance is greatly different than a civil type of inheritance. One important thing to note is the rule of faraid in a Muslim inheritance. Simply put, if you’re a Muslim in Singapore, you have to follow Syariah Law and adhere to the rules of faraid.
If you’re not sure whether the manner in which you are dividing an asset is according to Syariah law and the rules of faraid, then this article is for you.
What is Faraid?
Faraid can be understood as the distribution of the property that a deceased owned in accordance with God’s decree in the Holy Quran and according to hadith. In Singapore, faraid is governed by Section 111 and 112 of AMLA which requires the estate of ‘any Muslim person domiciled in Singapore dying intestate to be subject to faraid, save for where “Malay custom” apply.’
Things like land, private buildings, cash, jewelry and property are some of the few examples that can be distributed by faraid.
The Executor or Administrator will have to carry out the wishes of the deceased as stated in the will, as long as it is aligned with faraid rules and Syariah laws. You can read more about Faraid and Muslim Wills here.
What if the administrator of the property does not follow the rules of faraid
Faraid as the law of inheritance, is a ruling ordained by Allah S.W.T in various verses of the Quran. Its purpose is to ensure that the property of the deceased is divided with fairness and the right of the heirs are protected whilst safeguarding family ties. As Muslims, it is compulsory to follow the rules of Faraid.
However, there is a possibility that the Executor of Administrator may take it upon themselves to not distribute the inheritance according to rules of Faraid. As long as the rightful heirs all agree to divide the estate or property equally or according to their own agreement, it is permissible as long as they are all agreeable to it. This ensures that good family ties and kinship continues.
In the event that the property or asset was not distributed without the knowledge or agreement by all the heirs, you as a rightful heir to the inheritance can sue the Administrator or the Executor of the will. Doing so does not necessarily make them into a criminal.
What can I do then?
If this had happened to you, then you will first need to hire a good Syariah Divorce Lawyer. They will be in a better position to advice and guide you. What your lawyers will do is that they will issue a Letter of Demand to the Administrator or the Executor to carry out his duties as stated in the Muslim Will or demand that he be removed as an executor or administrator.
If they fail to respond and carry out the terms of the will, an inheritor of the property may petition the court to have the executor removed. The court may remove the executor and appoint a new one if there is evidence that they had stolen from the property or intentionally hid assets, refused to follow the terms of the will, or failed to maintain records showing that they had actually distributed property as provided in the will.
What if I convert out of Islam?
If you renounced Islam as your religion officially, Faraid rules will not apply to you. Likewise, if you are no longer a non-Muslim, you would not receive the benefits of your loved one’s property under Faraid rules as only Muslims can receive it. Unless they have apportioned some of the property in their will and meets the requirements of Faraid rules, you will not receive any inheritance.
How Can We Help You
The documents that you will need to prepare and the procedures to settle your loved one’s estate and property may be too technical for you to understand alone. Worry not, at I.R.B. Law; we haveSyariah trained lawyers who are well versed in drafting Muslim wills in Singapore. We will be able to guide you through the process and explain to you each stage of will procedures.
So do contact us to receive advice on how matters with regards to your will can be best handled. Our first consultation is usually free as we wish to focus on you and not on your wallet. Do not hesitate to reach out to us at firstname.lastname@example.org or call us at 6589 8913 to and schedule an appointment with one of our experienced lawyers today.
The information contained in this article is provided for general information only and may not reflect current status about applicable law, cases, settlements or judgements. Nothing contained on this website or article is intended to constitute legal advice, nor should it be construed as I.R.B Law LLP agreeing to provide legal services to you. You acknowledge and agree that your use of this website shall not create a lawyer-client relationship with I.R.B Law LLP.