For Muslims in Singapore, understanding how Faraid interacts with the country’s legal framework is essential for proper estate planning. While Faraid governs how a Muslim’s wealth is distributed according to Islamic inheritance law, it’s important to understand how local regulations, such as CPF nominations and property ownership, come into play.
Faraid: A Quick Overview
Faraid is the Islamic inheritance system that ensures wealth is distributed according to specific rules set out in the Quran and the teachings of the Prophet Muhammad (pbuh). It assigns fixed portions to family members, such as children, spouses, and parents. These portions are designed to ensure fairness and prevent disputes among heirs.
For example, if a man passes away leaving behind a wife, a son, and a daughter, the son receives twice the portion of the daughter, while the wife receives one-eighth of the estate. Parents and siblings may also inherit depending on the family’s structure.
How Faraid and Singapore Law Work Together
In Singapore, Muslim inheritance matters are overseen by the Syariah Court, which ensures that Faraid is followed. However, certain assets are governed by civil law, which can affect how the estate is distributed.
One key example is CPF (Central Provident Fund) savings. CPF savings are not subject to Faraid if the deceased has made a CPF nomination. This means that the nominated beneficiaries will receive the CPF savings directly, and these funds won’t be redistributed according to Faraid. Similarly, properties held in joint tenancy pass automatically to the surviving co-owner, regardless of what’s written in a will or dictated by Faraid.
Understanding this interaction is crucial for Muslims in Singapore who want to plan their estate in a way that honors both Islamic law and local regulations.
Estate Planning Tools: Wasiat and Hibah
In addition to Faraid, Muslims in Singapore have access to tools like Wasiat (Islamic will) and Hibah (gifts). A Wasiatallows a Muslim to distribute up to one-third of their estate to non-Faraid beneficiaries, such as non-Muslim relatives or charities. This provides flexibility while still respecting the core principles of Islamic inheritance law.
Hibah, on the other hand, is a way to give gifts during one’s lifetime. These gifts are not bound by the rules of Faraid, making Hibah a useful tool for ensuring that personal wishes are fulfilled while still adhering to Islamic principles.
Conclusion
Navigating the interaction between Faraid and Singapore’s legal system is essential for Muslims who want to ensure their estate is managed properly. By understanding how assets like CPF savings and joint-tenancy properties are treated under civil law, Muslims can plan their estate effectively while still adhering to Islamic law. Tools like Wasiat and Hibah offer additional flexibility, making estate planning a comprehensive process.For more information on how to navigate this system, contact Mohammed Shakirin at ADEL LAW LLC to ensure your estate planning needs are met with both Islamic and local law in mind.
