Faraid is the Islamic law of inheritance, and in Singapore it decides how a Muslim’s estate is shared after death. The Intestate Succession Act does not apply to Muslims. Instead, the estate is distributed under the Administration of Muslim Law Act (AMLA), with the heirs and their shares set out in an Inheritance Certificate from the Syariah Court.
Within that framework there is room to plan. A wasiat can direct up to one-third of the estate, and nominations and joint tenancy can pass some assets outside the estate. This guide sets out how each works, drawing on MUIS and court guidance. It is general information, not religious or legal advice.
How Faraid Works in Singapore
MUIS describes faraid as the law that governs the distribution of a deceased Muslim’s estate, setting out the heirs and their shares based on the Quran and Hadith. It applies by default to all of a person’s assets unless other arrangements were made.
The Public Trustee’s Office notes that Muslim estates are distributed under section 112 of AMLA, according to the school of Muslim law the deceased observed.
To see how your estate would be divided among your family, the Syariah Court has an online inheritance calculator, linked from the MUIS faraid page.
The Inheritance Certificate
After a Muslim dies, the family applies for an Inheritance Certificate from the Syariah Court, which lists the beneficiaries and their shares.
- It is required when applying to the Family Justice Courts for Letters of Administration for a Muslim estate.
- MoneySense notes the application is made online.
- The Public Trustee also uses it when distributing CPF savings without a nomination, and small estates it administers.
Check the Syariah Court’s application page for the current process, fees and documents.
The short version: Faraid sets the shares by default. A wasiat can direct up to one-third, but only to people who are not faraid heirs. CPF and revocable insurance nominations, and joint tenancy, pass assets outside the estate and are accepted by MUIS fatwas.
Wasiat: The Muslim Will
MUIS’s wasiat guidance sets out the main rules:
- The one-third limit. You may bequeath up to one-third of your assets.
- Only to non-heirs. Bequests may go only to people or organisations who do not already receive a share under faraid.
- Who can make one. A Muslim aged 21 or above, of sound mind, acting voluntarily.
- Witnesses. MUIS says two Muslim male witnesses, each at least 21, who are not faraid or wasiat beneficiaries or their spouses. The wasiat must be signed in their presence, and they sign in yours.
- What to include. Your assets, beneficiaries and their shares, an executor, a clause revoking earlier wills, and a residuary clause.
- Marriage cancels it. Getting married revokes an earlier wasiat, so make a new one.
A wasiat also names an executor. MUIS notes that without one, the family may need to apply for Letters of Administration, which can take longer and cost more. MUIS encourages consulting a lawyer experienced in Syariah law, especially for anything complicated. You can register a record of it with the Singapore Academy of Law’s Wills Registry. For the general rules on wills, see how to write a will in Singapore.
Nominations and Hibah
CPF nomination. CPF savings are not part of your estate and are not covered by a will or wasiat. MUIS’s fatwa describes the CPF nomination as a contemporary form of property distribution permitted as a new form of hibah (a gift). Without one, the Public Trustee distributes the savings according to the Inheritance Certificate. Our guide to CPF nominations and wills explains how they work.
Insurance nominations. The Life Insurance Association says Muslim policy owners can make both trust and revocable nominations. MUIS has a fatwa describing the revocable insurance nomination as a contemporary form of hibah. See our guide to insurance nominations.
Because nominations sit outside faraid, they can provide for someone the faraid shares would leave short, such as a wife or daughters. Other heirs may see it differently, so talking it through openly, and recording your reasons, can prevent hurt later.
Your Home: Joint Tenancy and Faraid
MUIS’s 2019 fatwa on joint tenancy revised its 2008 position:
- Joint tenancy is a permissible contract.
- The surviving joint tenant receives the whole property by survivorship.
- Extra documents such as hibah ruqba or nuzriah are no longer required.
- Under tenancy-in-common, each owner’s share forms part of their estate and is distributed by faraid.
MUIS’s home ownership page gives an example: where a husband holds 60% and his wife 40% as tenants-in-common, his share may be distributed by wasiat or faraid, and the flat may need to be sold for his share to reach the beneficiaries. Our guide to joint tenancy and tenancy-in-common has more.
When Heirs Agree to Share Differently
MUIS says a faraid beneficiary, or a wasiat beneficiary, can use a Deed of Family Undertaking or Agreement to redirect their benefit to someone else. Each heir decides for themselves, and a lawyer can prepare the deed.
Planning for Life, Not Only Death
MUIS’s Islamic legacy planning guidance also covers the Lasting Power of Attorney and Advance Care Planning, and notes that MyLegacy@LifeSG brings your CPF nomination, LPA and ACP details together.
What To Do Next
- Use the Syariah Court’s inheritance calculator to see how faraid would divide your estate.
- Check your CPF and insurance nominations, and how your flat is held.
- If you want to provide for someone outside the faraid shares, consider a wasiat, within the one-third limit, and speak to a lawyer experienced in Syariah law.
- Talk to your family about your plans while you can explain them yourself.
- Note it all in our legacy readiness checklist.
