Inheritance for Muslims in Singapore is governed by Faraidh, the Islamic law of inheritance, as stipulated in the Administration of Muslim Law Act (AMLA). Understanding Faraidh is essential for estate planning within the Muslim community.
Principles of Faraidh
Fixed Shares: Heirs receive predetermined shares based on their relationship to the deceased.
Eligible Heirs: Typically include spouses, parents, and children.
Gender Considerations: Male heirs generally receive twice the share of female heirs in the same category.
Estate Distribution Process
Settlement of Debts: Debts and funeral expenses are paid from the estate before distribution.
Wasiyyah (Will): Up to one-third of the estate can be allocated through a will to non-heir beneficiaries.
Distribution: Remaining estate is distributed according to Faraidh principles.
Role of the Syariah Court
Inheritance Certificate: The court issues a certificate detailing the rightful heirs and their shares.
Dispute Resolution: Handles disputes among heirs regarding estate matters.
Modern Considerations
Nomination of CPF Funds: Central Provident Fund (CPF) nominations by Muslims are distributed according to CPF rules, not Faraidh.
Jointly Owned Property: Ownership structure affects how property is treated under inheritance laws.
Conclusion
Syariah inheritance law ensures that the distribution of a Muslim's estate aligns with Islamic principles. Proper planning and understanding of Faraidh can help Muslims in Singapore manage their estate affairs effectively.
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