Syariah - Subttlaw

Syariah

In Singapore, individuals following the Muslim faith are bound by Syariah law, alongside the broader Singapore civil law.

Syariah law primarily impacts Muslims in matters concerning probate and the management of a deceased person’s estate, wills and estate planning (such as Wasiat and Hibbah), as well as divorce proceedings.

Our services include:

Syariah divorce
Wasiat & Hibah
Faraid – Muslim inheritance

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FAQ

1. I am a Muslim. How can I get a divorce under Syariah law?

The ground for divorce for the husband is by simply by way of pronouncing “Talak”.
The grounds for divorce for the wife is “Khuluk”, a divorce by redemption where the wife pays a monetary sum to the husband to absolve herself from the marriage or “Taklik”, where the husband breaches the pre-marital agreements and “Fasakh”, where the wife is treated with acts of physical ill-treatment by the husband, the wife has been estranged from her husband for more than 3 months without the means for maintenance and sustenance, the husband has been associating with women of ill-repute, the husband has been living with an unmarried woman, husband has not been treating the wife equally among other married wives.

2. What happens if the deceased dies a Muslim?

When any Muslim person domiciled in Singapore passes away leaving behind property, such property must be administered and distributed according to the Islamic Inheritance Law (“Faraid”) which is provided for under the Administration of Muslim Law Act. “Faraid” is a section of the Islamic Law that deals with the distribution of the estate of a deceased person among their heirs. It is administered by the Syariah Court.

3.What is an Inheritance Certificate ?

The Inheritance Certificate is a document that sets out the shares of the beneficiaries of the estate in accordance to Faraid. Only the Syariah Court has the jurisdiction to issue an Inheritance Certificate setting out the shares of the beneficiaries. The Inheritance Certificate is issued based on the information that is provided by the applicants who are generally the beneficiaries of the estate. An Inheritance Certificate has to be obtained before commencing any application for a Grant of Letters of Administration or a Grant of Probate.

4. How are jointly owned assets, such as properties, bank accounts, nominated CPF monies and nominated insurance policies dealt with under Syariah Law ?

All jointly owned property, joint bank accounts, nominated CPF monies and nominated Insurance policies do not fall under the “Faraid”.

5. Muslim will versus Faraid, which will prevail ?

If the will differs from Faraid, the Faraid beneficiaries must consent to the Will.

6. What can be willed away by a Muslim testator?

It is important to note that the deceased may only will away 1/3 of his estate to non-faraid beneficiaries. The deceased is also not allowed to provide additional benefits or property to anyone who is a beneficiary of the Faraid. In such an event, the relevant portion of the Will would be invalid unless all the other Faraid beneficiaries agree that it is valid. This agreement can only be made after the death of the deceased. It is advisable for proof to be made available by the Faraid beneficiaries stating that they agreed to the content of the will at the time the will was prepared.

7. What if the deceased testator died without getting the beneficiaries to agree to the content of the will?

A Deed of Family Arrangement can be prepared if all the beneficiaries agree to the distribution as per the will.

FAQ