Muslim intestate law, faraid, is provided for under the Administration of Muslim Law Act (AMLA) and is administered by the Syariah Court in Singapore. The exact legal principles that are applicable to the deceased under the AMLA will depend on which school of faith, or madhab, he or she subscribed to, and whether he or she was Malay.
Most Muslims in Singapore follow the Shafi’i madhab, and this madhab thus applies by default unless proof that the deceased had followed another madhab is shown.
Whose Properties May Fall under Faraid?
Under section 111(1) of the AMLA, all Muslims who are domiciled in Singapore who pass away after 1 July 1968 must have their intestate property administered according to faraid.
Any will made by the Muslim deceased must also conform to faraid principles, as will be elaborated on below.
What Properties Fall under Faraid?
In general, where Muslim law and civil law clash as to whether a particular property should be distributed under faraid, the civil law will prevail. This is unless the legislation under the civil law expressly says it does not apply to Muslims.
However, this framework applies only if the method of distribution is being contested in the courts. If the parties accept their entitlements under faraid, or an alternative arrangement as specified under a fatwa issued by the Majlis Ugama Islam Singapura (MUIS), then they will be bound by such arrangements.
A fatwa is an Islamic legal ruling issued by the MUIS. It is also important to note that fatwas are not binding on the courts. Fatwas are regarded as expert opinions, which can be rejected if the court finds that they are not applicable to the issue.
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