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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