Plan Your Islamic Inheritance with Confidence
What is Wasiat?
According to Islamic inheritance rules, you can bequeath up to one-third of your estate to non-faraid beneficiaries through a wasiat, for example, to non-Muslim relatives, adopted children, or any other persons or organisations. When you draft a wasiat, you can also communicate your final wishes or instructions to your loved ones as a part of your will.
What is Faraid?
The Syariah Court of Singapore certifies the rightful beneficiaries and their share percentages through an Inheritance Certificate.
The mandatory portions of the estate must follow Faraid. You may only distribute up to one-third of your estate through a Wasiat to non-heirs.”
Your estate will be distributed entirely according to Faraid, based on the Inheritance Certificate and governed by the Probate and Administration Act in Singapore.
What is Hibah?
A Muslim may immediately give away anything that he owns (or any amount thereof) to another person or to another party (for example a charitable organisation) by immediately transferring both the legal title to and possession of the subject of the gift to the receiver of the gift (called the “donee”).
Alternatively, the person making the gift (called “the donor”) can execute a document (usually a “Deed of Gift”) to declare the gift to donee. In this situation, the legal title to and possession of the subject of the gift may not immediately pass to the donee.
Our Services
Wasiat Drafting
Legally valid and Syariah-compliant wills
Hibah (Lifetime Gifts)
Secure property or asset transfers outside of inheritance
Faraid Consultation
Understand rightful heirs and distribution shares
Letters of Administration & Probate
Fast, stress-free legal processing
Cross-border Estate Matters
Navigate overseas assets and international law
Why Choose Us
Hibah vs Faraid vs Wasiat: What’s the Difference
| Wasiat | Faraid | Hibah | |
|---|---|---|---|
| Definition | A wasiat, or a Muslim will, allows you to appoint an executor who will be responsible for administering and distributing your estate to your heirs after you pass away. | Faraid is the Islamic law of inheritance, detailing fixed shares of a deceased Muslim's estate among eligible heirs (e.g., spouse, children, parents). | Hibah is an inter vivos gift, meaning it’s given during your lifetime. It can be used to transfer property or assets to a loved one outside the Faraid distribution. |
| When it takes effect | Effective upon death. | Effective upon death — estate is distributed entirely according to Faraid. | Hibah takes immediate effect, unlike a Wasiat which only applies upon death. |
| Portion of estate | You can bequeath up to one-third of your estate to non-Faraid beneficiaries. | Governs the remaining (or entire) estate under fixed shares. | No restrictions. |
| Beneficiaries | You cannot include Faraid beneficiaries in a Wasiat. | Faraid regulates the distribution of your estate to your Muslim heirs. | Can be given to anyone, including Faraid heirs. Restrictions do not apply to the Hibah. |
| Revocability | You may revoke or update your Wasiat at any time during your lifetime, provided you are of sound mind. | Not applicable. | A Hibah may be revoked at any time as long as the subject of the gift has not been handed over to the donee. |
| Formal requirements | Endorsed in the presence of two male Muslim witnesses who are not beneficiaries. | Certified via an Inheritance Certificate issued by the Syariah Court. | Usually executed via a Deed of Gift. |
Why Having a Wasiat Matters
| With a Wasiat | Without a Wasiat |
|---|---|
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Simplified & Faster Legal Process
A clear will ensures a smooth, structured process.
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Complex and Lengthy Legal Procedures
Heirs face drawn-out court processes to unlock your estate.
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You Choose Your Executor
Assign a trusted person to carry out your wishes.
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Court-Appointed Administrator
Someone you didn’t choose may manage your assets.
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Prevents Family Conflicts
Clear, written instructions reduce misunderstandings and disputes.
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Higher Risk of Family Disputes
Lack of clear instructions can lead to internal conflict.
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Timely Distribution of Assets
Beneficiaries gain quicker access to what’s rightfully theirs.
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Delays in Accessing Inheritance
Your loved ones may wait months—or years—to receive what you intended for them.
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Syariah-Compliant Estate Planning
Your assets are distributed according to Islamic law.
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Possible Non-Syariah Distribution
Asset division may not align with Islamic principles.
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Frequently Asked Questions
Wasiat (Islamic Will)
What is a Wasiat?
Who can I name in my Wasiat?
Is a Wasiat legally binding in Singapore?
Do I still need a Wasiat if Faraid applies automatically?
Yes. A Wasiat allows you to:
- Appoint a guardian for minor children
- Select an executor
- Make gifts up to one-third of your estate
- Express funeral wishes
Can I change my Wasiat later?
What is the legal basis for a Wasiat in Singapore?
Section 111(2) of AMLA states that Muslim Wills are subject to the provisions of the Wills Act (Cap. 352) except for Section 3 thereof, the Probate and Administration Act (Cap. 251) and the Insurance Act (Cap. 142).
How To Apply for a Wasiat?
Are CPF Savings Distributed According to Wasiat or Faraid?
In the absence of nomination, your family will have to obtain the Inheritance Certificate from the Syariah Court, provide the required paperwork, and pay associated fees. For this reason, it is strongly recommended to make a nomination even if you want your CPF funds to be distributed according to faraid.
Can I Write A Wasiat To Exclude Any Family Member From Inheriting Through Faraid
Hibah (Lifetime Gift)
What is a Hibah?
Why choose Hibah over a Wasiat?
Is Hibah allowed in Singapore?
Can I use Hibah to give property to a specific child or spouse?
Can a Hibah be Revoked?
If the donor chooses to revoke a Hibah, he must perform one of the following tasks as Kaffarah (a form religious penalty):
1. provide food for 10 poor people with the type of food that the donor usually consumes; or
2. provide clothing for 10 poor people; or
3. fast for 3 days.
Faraid (Islamic Inheritance Law)
What is Faraid?
Who determines the Faraid distribution?
Can I override Faraid with a will?
What happens if I die without a will?
How is the estate administered after death?
General Disclaimer
Syariah proceedings follow strict procedural rules and are not subject to judicial discretion. Case outcomes will depend on each individual’s specific circumstances. Please note that Syariah jurisdiction is limited; matters such as CPF funds and civil property division may require separate proceedings in the civil courts