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Faraid - Muslim Inheritance

Faraid – Muslim Inheritance Law in Singapore

Q: Who is entitled to inherit under Faraid?

Common heirs under Faraid include the spouse, children, and parents. The exact shares depend on the family structure and whether the deceased has surviving male or female descendants. A qualified Syariah lawyer can help calculate accurate shares.

Q: Can a Muslim in Singapore distribute assets differently from Faraid shares?

Yes, but only to a limited extent. A Muslim may give up to one-third of the estate through a Wasiat (Muslim Will) to non-Faraid beneficiaries. The remaining two-thirds must follow Faraid distribution unless the heirs mutually agree otherwise.

Q: What happens if a Muslim dies without a Will in Singapore?

If no Wasiat is made, the estate must be distributed according to Faraid. The family must obtain a Faraid Certificate and then apply for Letters of Administration to handle the estate administration process.

Q: Is it possible for heirs to agree on a different distribution from Faraid?

Yes. Although Faraid provides fixed shares, heirs may agree to vary the distribution through a family agreement or gift arrangement. Such agreements should be documented properly to avoid future disputes.

Q: How long does a Faraid inheritance process typically take?

The duration varies depending on the complexity of the estate and availability of documents. Obtaining a Faraid Certificate takes a few weeks, while full estate administration may take several months.

Q: Do stepchildren inherit under Faraid?

No. Stepchildren are not recognized as heirs under Faraid. They may only inherit through a Wasiat or if the Faraid heirs agree to redistribute shares voluntarily.

Q: How can IRB Law assist with Faraid matters in Singapore?

IRB Law assists with applying for Faraid Certificates, guiding families through probate or administration, calculating Faraid shares, drafting Wasiat, managing estate disputes, and representing clients in Syariah Court and civil courts when necessary.

When a person of the Muslim faith passes on, the administration of his or her estate is governed by Faraid, or the Muslim inheritance law.

The governing law is the Administration of Muslim Law Act (AMLA), and the Syariah Court in Singapore manages the Muslim inheritance law.

In determining the applicable Islamic legal principles under AMLA, considerations include the school of thought (‘Madhab’) the deceased followed; and whether the deceased was a Malay.

Usually, spouse(s) and close family will get more portions of deceased’s estate and each male will get twice the portion of a female of the same relational level. The Syariah Court will also take into account if the deceased made a Wasiat or a will.

A Muslim deceased may leave a share of his/her estate to the BaitulMal (a fund managed by the MUIS). If a Muslim deceased departed without bequeathing any estate to anyone, the BaitulMal will inherit the whole estate.

More considerations arise where a Muslim has made civil law arrangements, such as wills and trusts, and where the Muslim was a convert, i.e. not Muslim at birth.

IRB Law has one of the largest Syariah law practices, with more than 10 lawyers and paralegals with expertise in this unique area of law. Our Syariah law practitioners are conversant in Malay, Tamil, Chinese and English.

Speak to our team today to get a full understanding of your rights and obligations.

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Mohamed Baiross is the managing partner of IRB Law and one of the nation's leading lawyers in multiple practice areas, including civil, corporate, and commercial law. With over three decades of experience as a business lawyer, Mohamed Baiross has built a renowned corporate law firm in Singapore, providing expert legal services to global corporations and local businesses.

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FAQs

What is Faraid in Singapore?

Faraid is the Islamic inheritance law applied in Singapore to determine how a Muslim’s estate is distributed after death. It follows principles stated in Shariah, specifying fixed shares for certain heirs such as spouses, children, and parents.

Who is entitled to inherit under Faraid?

Common beneficiaries include the spouse, children, parents, and sometimes siblings. The exact distribution depends on family structure and whether the deceased has surviving male or female descendants. A qualified Syariah lawyer can help calculate the shares accurately.

Do I need to apply for a Faraid Certificate?

Yes. In Singapore, the Syariah Court issues a Faraid Certificate identifying the rightful beneficiaries and their respective shares. This certificate is often required when applying for the Grant of Probate or Letters of Administration.

Can a Muslim in Singapore distribute assets differently from Faraid shares?

Partially. A Muslim may distribute up to one-third of his estate through a Wasiat (Muslim Will) to non-Faraid beneficiaries. The remaining two-thirds must follow Faraid distribution unless heirs mutually agree otherwise.

What happens if a Muslim dies without a Will in Singapore?

If no Wasiat is made, the estate is distributed strictly according to Faraid rules. The family must obtain a Faraid Certificate and then apply for Letters of Administration to handle the estate.

Is it possible for heirs to agree on a different distribution from Faraid?

Yes. Although Faraid provides fixed shares, heirs who are legally entitled may agree to vary the distribution—this is known as hibah ruqba or family agreement. However, such arrangements should be documented properly to avoid disputes.

How long does a Faraid inheritance process typically take?

The timeframe depends on factors such as document completeness, complexity of the estate, and family disputes. Generally, obtaining a Faraid Certificate takes weeks, while estate administration may take several months to complete.

Do adopted children inherit under Faraid?

No. Under Faraid, adopted children are not considered biological heirs and do not automatically inherit. However, a Muslim may include them in the one-third portion of a Wasiat.

Do stepchildren inherit under Faraid?

No. Stepchildren do not qualify as Faraid heirs. Similar to adopted children, they can only inherit through a Wasiat or via a family agreement between the heirs.

How can IRB Law assist with Faraid matters in Singapore?

IRB Law helps families obtain Faraid Certificates, apply for Probate or Letters of Administration, calculate Faraid shares, draft Wasiat (Muslim Wills), advise on property agreements, and resolve inheritance disputes in Syariah Court and civil courts.