Blogs

Welcome to our blog, your gateway to the realm of Islamic finance, wealth management, and beyond. Our mission is to equip you with invaluable insights, advice, and knowledge, enabling you to make well-informed financial choices in accordance with Islamic principles.

Islamic inheritance, wasiat, faraid

Wasiat and Faraid in Singapore: Clearing Common Misconceptions

June 17, 20228 min read

Family feuds over inheritance might seem like the perfect plot for a gripping TV drama, but in reality, these battles are far more common and complex than what we see on screen. When a will is read, and the assets are revealed, the once harmonious family gatherings can quickly turn into scenes reminiscent of a courtroom drama. And these scenes are all too common in the Malay community in Singapore. Some people hear the terms "wasiat" and "faraid" for the first time when a loved one passes on. But if they are so important, why don't many Muslims in Singapore know about it? Yes, these concepts aren't the most fun to think about, but they're definitely worth knowing about.

Understanding Wasiat and Faraid: The Basics

Wasiat and Faraid are two important concepts in Islamic law that deal with inheritance and succession. Wasiat is essentially a voluntary bequest that a person can make before their death, where they can distribute up to one-third of their wealth to non-heirs or hold provisions for those not entitled to a share under Faraid. On the other hand, Faraid is the obligatory distribution of a deceased person's wealth among their rightful heirs according to specific shares prescribed in the Quran.

Now, you might be wondering why this matters in Singapore, right? Well, with a significant Muslim population in Singapore, it's crucial to understand Wasiat and Faraid to ensure that the distribution of assets and wealth after someone passes away is done in accordance with Islamic principles. Plus, knowing about Wasiat and Faraid can also help to avoid potential conflicts and disputes within the family when it comes to inheritance matters.

So, whether you're drafting a will or handling the estate of a deceased loved one, having a good grasp of Wasiat and Faraid is essential in navigating the legal and religious aspects of inheritance in Singapore. It's all about respecting the wishes of the deceased and upholding the principles of Islamic law when it comes to distributing wealth and assets. In a diverse and multicultural society like Singapore, having this understanding can also foster greater harmony and understanding among different religious communities.

Common Misconceptions about Wasiat

Alright, so let's clear up some misunderstandings about Wasiat. First off, a lot of people think that writing a will (Wasiat) means you're admitting that you're gonna die soon. But that's not true at all. It's actually just a way to make sure your assets and belongings are distributed the way you want them to be after you're gone.

And speaking of assets, some folks think that Wasiat is only for rich people who want their wealth distributed to their loved ones. Some are even confused about the distribution of assets to non-Muslims. But in reality, anyone who owns anything – whether it's a house, car, or even some jewelry – should consider making a Wasiat.

Another big myth is that a Wasiat is only for old folks. But hey, accidents happen, right? It's never too early to make a plan for what happens to your stuff if something happens to you.

And finally, there's this idea that Wasiat goes against Islamic teachings. But actually, many Islamic legal texts encourage each people to leave a will to ensure that their assets are distributed fairly and according to their wishes. So, if you're thinking about writing a Wasiat, don't let these misconceptions hold you back. Talk to an expert if you need to, or check out some of the Islamic legal resources available to get a better understanding of how Wasiat can actually benefit you and your loved ones. You'll be doing yourself and your family a favor by being prepared for whatever may come your way. 

Faraid Misunderstood: Clearing the Air
 

One common misconception about Faraid, the Islamic law of inheritance, is that it unfairly favors male heirs over female heirs. This belief stems from the general rule that male heirs receive twice the share of female heirs. However, this is often misunderstood without considering the broader context of financial responsibilities in Islamic law. In Islam, men typically have greater financial obligations, such as providing for the family, which the distribution in Faraid reflects.

Additionally, Faraid is a highly detailed and complex system, accounting for various family structures and situations, ensuring a just and equitable distribution of an estate. Misinterpretations of these nuances can lead to misconceptions about the system's fairness and intent. That is why every Muslim is encouraged to leave a will to reflect their wishes when they pass on. 

The Legal Implications in Singapore


Since it's a complex matter in Singapore related to faith because Muslims here follow different schools of thought or madhab, these Islamic principles are legally implemented through the Administration of Muslim Law Act (AMLA) and are overseen by the Syariah Court. It's important to understand that every Muslim’s estate in Singapore, who passed away after 1 July 1968, is subject to these laws. This means that if you're a Muslim in Singapore, your assets will be distributed according to Wasiat and Faraid, unless you make a will under the AMLA. It's pretty cool that Singapore recognizes and respects the religious and cultural diversity within the country, right?

The complexities of these laws and the diverse circumstances of each individual and family make it crucial to seek expert advice and guidance. Whether you are drafting a Wasiat, navigating Faraid distribution, or simply trying to understand your rights and responsibilities, consulting with Islamic scholars, legal experts, or the Syariah Court in Singapore can provide clarity and ensure that your actions are in line with both legal requirements and Islamic values.


Now, let's talk about how Islamic law compares to Singapore's legal system when it comes to inheritance. In Islamic law, the distribution of assets for inheritance is guided by specific rules laid out in the Quran. According to Faraid, certain family members are entitled to a fixed share of the deceased's estate, with the remainder being distributed among other relatives. On the other hand, Singapore's legal system follows a different set of rules under the Intestate Succession Act. This act outlines how the assets of a deceased person are to be distributed if they didn't leave behind a valid will. The distribution is primarily based on blood relations and marital status, with the spouse and children being the main beneficiaries.

So, while both Islamic law and Singapore's legal system aim to ensure fair distribution of assets, the specific rules and guidelines for inheritance differ. Navigating the legal implications of inheritance in Singapore can be quite complex, especially when taking into account the intersection between Islamic law and the country's legal system. It's important to understand the options available for Muslims in Singapore, such as making a will under the AMLA to ensure that their assets are distributed according to their religious beliefs. 

Conclusion

As we've explored the intricate world of Wasiat and Faraid, it's clear that accurate understanding of these Islamic inheritance laws is not just beneficial—it's essential. Wasiat and Faraid are more than mere legal mechanisms; they are expressions of faith, familial responsibility, and ethical distribution of wealth in accordance with Islamic principles. Misconceptions about these laws, such as the idea that Faraid inherently favors male heirs, can lead to misunderstandings and disputes that not only strain family relationships but also deviate from the true spirit of Islamic teachings.

As members of a vibrant and diverse community, our responsibility extends beyond ourselves to our families and society. Ensuring a correct understanding and application of Wasiat and Faraid is a step towards fulfilling our religious duties and maintaining harmony within our families. Let us embrace these principles not just as legal obligations but as opportunities to express our values, care for our loved ones, and contribute to the ethical and compassionate spirit of our community.

Remember that clarity and correctness in these matters are not just beneficial, but imperative. If you find yourself seeking deeper understanding or grappling with questions about Islamic inheritance laws, Modern Muslim Finance is here to help.

At Modern Muslim Finance, we pride ourselves on being more than just a place for personal financial advisory; we are your partners in navigating the complex interplay of faith, finance, and family. Our team of experts, deeply versed in both the financial and ethical aspects of Islamic law, stands ready to offer you personalized guidance and clear insights.

Whether you're drafting a Wasiat, deciphering the intricacies of Faraid, or simply looking for advice on how to align your financial decisions with Islamic principles, we are here to assist you. Our commitment is to provide you with not just answers, but understanding, ensuring that your financial decisions resonate with both your personal values and religious obligations.

Don't let uncertainty cloud your decisions. Reach out to Modern Muslim Finance, where clarity, expertise, and compassionate guidance are always at your service. Consult with us today to ensure your financial planning honors both your legacy and your faith.

Join Our Wasiat & Faraid Class: Your ISlamic Legacy, Your Way

Are you ready to gain a deeper understanding of Islamic inheritance law and secure your family's future? Join our comprehensive Wasiat & Faraid Class! Whether you prefer the convenience of online learning or the engagement of a live session, we have options for you:

  1. Zoom Class: Learn from the comfort of your home

  2. Live Class: Interact with experts in person

Don't let uncertainty cloud your decisions. Take control of your legacy today!

Custom HTML/CSS/JAVASCRIPT
Back to Blog

Address:
114 Lavender Street, #07-83 CT Hub 2,

Singapore 338729

WhatsApp:
+65 8952 8511

Website:
modernmuslim.finance

Visit Us On Social Media

© 2024 Modern Muslim Finance. All rights reserved.