Inheritance is a vital aspect of every culture and religion, shaping how wealth and assets are passed from one generation to the next. It plays a crucial role in securing the future of descendants, often involving the transfer of assets from parents to their children. Among these various systems of inheritance, the Muslim inheritance law in Singapore, widely referred to as faraid law, stands out for its detailed and specific guidelines. This article will delve into the intricacies of this legal approach, providing a clear and engaging overview of how faraid law operates in Singapore.
What is Faraid Law?
“Faraid” derives from the Arabic term “Al Faraid” which means “fixed portions.” Faraid law in Singapore is a compulsory inheritance system which deals with the distribution of assets of a deceased person among their heirs in accordance with the Holy Quran, the Hadith and the traditions of Prophet Muhammad. Overall, this Muslim law of inheritance reflects core values of justice, equity, and familial responsibility.
The Basics of Muslim Law of Inheritance
The Muslim inheritance law in Singapore features a framework designed to balance the interests of various family members. Faraid law consists of clear stipulations which must be followed, some of which include:
- Fixed Shares: One of the most notable features of faraid law is its fixed shares. The Holy Quran specifies exact portions of the estate that are to be allocated to specific relatives. These fixed shares are intended to prevent future disputes and ensure that all eligible heirs receive their rightful portion.
- Primary Heirs: Under the Muslim inheritance law in Singapore, the primary heirs include the spouse, children, and parents of the deceased. The shares for these heirs are clearly outlined. For instance, a wife receives one-eighth of her husband’s assets/estate if there are children, and one-quarter if there are no children. Similarly, a husband receives one-quarter of his wife’s assets/estate if there are children, and one-half if there are no children.
- Secondary Heirs: If there are no primary heirs present, the inheritance can be passed on to secondary heirs, such as siblings, grandparents, and other extended family members. Their shares are also specified, though they generally inherit much less than the primary heirs.
Gender Equality in Faraid Law
There are different shares allocated to male and female heirs under faraid law in Singapore. Generally, a male heir receives twice the share of a female heir in the same category. This principle, while often misunderstood, is deeply rooted in the broader socio-economic responsibilities borne by men in traditional Islamic households, where they are expected to be the primary breadwinners or financial providers.
Balancing Justice and Responsibility
The Muslim inheritance law in Singapore has been specifically designed to promote social stability and familial harmony. By providing specific shares to different heirs, it reduces the risk of familial disputes and ensures that everyone is aware of their rights. This system also emphasises the concept of responsibility within the family, encouraging male heirs to take care of female family members and other dependents.
The Role of Wills in Muslim Inheritance
While faraid law usually dictates the distribution of the majority of the estate, there is still room for personal discretion through the use of a will, referred to as wasiyyah. However, wasiyyah can only dictate up to one-third of the estate and cannot override the fixed shares specified by faraid law. This allowance enables the deceased to provide for individuals or causes not otherwise covered by the mandatory shares which have been allocated.
Issues and Challenges in Muslim Law of Inheritance
In today’s rapidly changing world, the application of faraid law can pose certain challenges, especially in multicultural or multireligious families. Issues may arise when Muslim heirs are subject to non-Islamic legal systems or when family dynamics differ significantly from traditional expectations, such as a female being the sole breadwinner/financial provider of a family.
To address these challenges, many Muslims seek legal advice from a Syariah lawyer to ensure that their inheritance plans comply with both local laws and Islamic principles. Some countries with significant Muslim populations have integrated aspects of faraid law into their national legal frameworks, creating hybrid systems that respects religious values while adhering to modern legal standards.
Consult Expert Islamic Legal Advice from A. Rohim Noor Lila LLP
The Muslim inheritance law in Singapore, or faraid law, is a deeply rooted and thoughtfully designed system that reflects the core values of justice, equity, and familial responsibility within Islam. Despite its initial complexity, its principles are aimed at ensuring a fair distribution of wealth and assets among heirs of the deceased.
When preparing your Muslim inheritance, it is crucial to consult expert on Islamic law from a reputed Syariah lawyer in Singapore such as A. Rohim Noor Lila LLP. Having been operational since 1995, A. Rohim Noor Lila LLP has several years of experience in the Islamic legal system in Singapore and aims to provide their clients with the very best service possible.
For any consultations or inquiries, please do not hesitate to get in touch with the team.