Islamic and Singaporean Civil Law in Estate Distribution

When a loved one passes on, the emotional weight is often compounded by complex legal and religious responsibilities, especially for Muslim families in Singapore. Unlike standard estate planning, managing a Muslim estate requires navigating both Islamic inheritance laws (Faraid) and Singapore’s civil legal framework.

The Muslim Estate Settlement Process

The estate settlement of a Muslim estate in Singapore is deeply rooted in Islamic principles. It places significant importance on settling the deceased’s debts—both spiritual and worldly—before any distribution to heirs can occur.

How to Administer a Muslim Estate in Singapore

Step 1: Obtain an Inheritance Certificate from the Syariah Court

Before distributing a Muslim estate, one must apply for a Certificate of Inheritance (COI) from the Syariah Court. This certificate:

• Identifies the lawful heirs and their respective shares according to Faraid
• Is required for court proceedings, including the Grant of Probate or Letters of Administration

Step 2: Apply for Grant of Probate or Letters of Administration

Depending on whether the deceased left a will:

• Grant of Probate authorises the named Executor to distribute the estate per the will (subject to Syariah limitations).
• Letters of Administration authorise an appointed Administrator to distribute the estate according to Faraid (in cases of intestacy).

Step 3: Execution of the Estate

• If there is a will: The Executor must follow the will’s instructions, but only up to one-third of the estate can be distributed freely. The rest must follow Faraid unless all heirs consent otherwise.
• If there is no will: The estate will be distributed entirely according to Faraid rules, covering assets like savings and personal belongings.

What Faraid Doesn’t Cover

Not all assets of a deceased Muslim are distributed under Faraid. In cases where Muslim law and civil law conflict, civil law prevails, unless explicitly exempted by legislation.

The following do not fall under Faraid:

• Joint tenancy property: Automatically passes to the surviving joint tenant under civil law.
• Nominated CPF monies: Go directly to the nominee and are excluded from the estate.
• Life insurance payouts: Belong to the named nominee and are not part of the estate under Section 73 of the Conveyancing and Law of Property Act.

Sources:

1. https://singaporelegaladvice.com/law-articles/muslim-inheritance-law-in-singapore/
2. https://irblaw.com.sg/learning-centre/what-happens-to-a-muslims-estate-after-death-in-singapore/
3. https://estateplanning.com.sg/estate-settlement/estate-settlement-process-muslim-estate/

Disclaimer:

The information provided is for general information only and does not constitute financial advice. While we have taken care to check the source of the information, we cannot guarantee that the information is accurate, complete, or will suit your individual financial needs. You are advised to seek professional assistance.