The Wassiyah (Islamic Will) along with estate planning for Muslims are not widely practiced. Common comments made are:-

“The Koran already specifies my distribution of assets through Fara’id.”

Prayed

“There is no need to write a will. There is Fara’id.”

Muslims are encouraged to make an Islamic will.

“It is prescribed, when death approaches any of you, if he leaves property, that he make a bequest to parents and relatives, according to fair usage; this is due by those who fear Allah. If someone changes the bequest after hearing it, the blame will fall on those who make the change, for Allah hears and knows (all things). there is no evil in him, for Allah is Forgiving, Merciful.”
Al-Baqarah (2:180-182)

The first observation is true: Upon request, the Sharia Court will issue the Certificate of Inheritance known as “Sijil Warisan” upon the death of a Muslim in Singapore. The distribution of Fara’id shares is reflected in the Certificate of Succession for the distribution of the Decedent’s estate.

Fara’id is stated in Al-Quran in the fourth chapter of An-Nisa (Women) verses 7, 11 and 12 and in the Hadith of Sahih Muslim in book 11, Kitab Al-Fara’id.

Application of Fara’id and other Shariah laws

Mr. Ahmad, a Muslim convert, was divorced from a previous marriage 2 years ago and has a 10-year-old son. He converted a year ago and remarried shortly after. From this marriage, he has a daughter while he responsibly supports his son from his previous marriage. Mr. Ahmad hopes to send his son to university in the future. He wants to provide for his son in the event of his death.

The distribution on his death of his estate is distributed under Fara’id:

Mr. Ahmad’s assets upon his death will be divided into 8 shares as follows:

1. Wife will get 1/8
2. The daughter will get 4/8
3. Baitulmal will get 3/8

*Baitulmal is the institution that acts as a trustee of the Muslims. It deals with assets that members of the Muslim public could benefit from.

Mr. Ahmad’s non-Muslim son will not be able to inherit as his beneficiary unless an Islamic will is made to provide up to 1/3 of his assets. As a Muslim convert, all of his family prior to his conversion are excluded as legal beneficiaries under Shariah Law. This is specifically mentioned in Kitab Al-Fara’id.

Book 011, Number 3928 (first verse):
Usama b. Zaid reported that the Messenger of Allah (peace be upon him) said: A Muslim has no right to inherit from a non-Muslim, and a non-Muslim has no right to inherit from a Muslim.

3/8 of Mr. Ahmad’s assets will normally go to Baitulmal.

In Singapore, the Shafie School of Jurisprudence allows a non-Muslim to receive up to 1/3 of a Muslim’s estate upon death as part of the Wassiyah (Muslim will).

It is prudent for every Muslim family to make an Islamic will when planning their estate/legacy.

Some of the other vehicles for the distribution of wealth for a Muslim in Singapore are:-

Hibah: a gift during life.

Harta Sepencarian (Participation in Marriage Property): Under common law, it is a claim on the deceased’s estate by the spouse of up to 50% of the deceased’s total assets.

Islamic Trust – personal and/or business assets may be held in the Islamic Trust to benefit specific beneficiaries

Wassiyah (Islamic will): The appointment of the executor of the estate helps to avoid disputes between family members and speeds up the succession process smoothly.

With this knowledge available, it will only be a matter of finding the right estate planner with the right experience in this area of ​​work to help a Muslim plan their estate.

Reza Kamarudin has been in the financial advisory business since 2007. She is passionate about estate planning for the value it brings to the family unit and how estate planning upholds the love and dignity of a family.