3. Muslim Inheritance

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Questions and Answers

What principle governs the compliance for a Muslim's Will regarding the distribution of estate in Singapore?

Faraid principles (correct)

The Wills Act only

General Civil Law Principles

Intestate Succession Act

Which of the following statements is true regarding children conceived out of marriage according to Muslim inheritance law?

They inherit equally with legitimate children.

They have a partial claim to the estate.

They do not inherit at all. (correct)

They are fully included as beneficiaries.

Which of the following acts is NOT applicable to Muslims concerning estate distribution?

Wills Act

Inheritance (Family Provisions) Act (correct)

Probate & Administration Act

Administration of Muslim Law Act

Which court has jurisdiction over disputes involving Muslim estates in Singapore?

Syariah Court Signup and view all the answers

Which of the following is a restriction imposed on Muslim Wills under Singapore law?

No provision may exceed one-quarter of the estate. Signup and view all the answers

What are the basic options for the distribution of estate upon a Muslim's death?

By Will, intestacy, or another legal instrument Signup and view all the answers

What is Faraid in the context of Muslim family law?

The principles governing the inheritance shares Signup and view all the answers

Which of the following statements about the Wills Act in relation to Muslim inheritance is accurate?

It applies only regarding formalities. Signup and view all the answers

Under what circumstances may the estate of a deceased individual be distributed to Baitulmal?

The deceased had no living relatives. Signup and view all the answers

What is the maximum amount of the estate that can be bequeathed without consent from all beneficiaries?

One-third of the estate. Signup and view all the answers

Which individual is NOT eligible to be appointed as an executor under Muslim law?

A minor under the age of 21. Signup and view all the answers

Who is required to witness the execution of a Muslim will?

Two male Muslim witnesses. Signup and view all the answers

What happens to a Muslim will when the testator gets married?

It is revoked. Signup and view all the answers

Which circumstance would NOT allow for a return of a share from Baitulmal?

Appeal based on emotional hardship. Signup and view all the answers

Which option indicates a requirement for witnesses to a Muslim will?

They cannot have a financial interest in the will. Signup and view all the answers

Under which school of thought is Baitulmal not applicable?

Hanafi. Signup and view all the answers

What is the general approach to distribution of a Muslim estate in Singapore when a person dies intestate?

Distribution follows both Muslim Law and Malay custom where applicable. Signup and view all the answers

Which of the following groups were traditionally excluded from inheriting under the pre-Islamic system?

Female relatives of the deceased. Signup and view all the answers

In the context of Muslim inheritance law, what principle justifies the larger share received by male heirs?

Males are expected to carry more financial responsibility within the family. Signup and view all the answers

What happens in the case of a Malay dying intestate regarding jointly acquired property?

The court decides the division as it sees fit. Signup and view all the answers

Which of the following statements is true regarding the introduction of Islamic law to inheritance?

Islamic law established that both parents can inherit. Signup and view all the answers

Regarding the concept of Faraid, how is the relationship between male and female shares structured?

A daughter receives half the share of a son. Signup and view all the answers

What is the typical course of action for males who inherit a larger portion according to traditional practices?

They often renounce their extra inheritance share to redistribute it. Signup and view all the answers

Which section of the law addresses the distribution of the estate for a Muslim dying intestate in Singapore?

Section 112 of the AMLA. Signup and view all the answers

Which statement best describes the status of Muslim Law in the legal framework?

Muslim Law is acknowledged as part of the law of the land by the Court. Signup and view all the answers

In the context of a wakaf, what is the correct legal approach according to the content?

Apply Muslim Law to determine its creation. Signup and view all the answers

What was the primary issue addressed in the case of Re Will of Shaikh Ahmad Bin Abdullah Wahdain Basharil?

Assessing the legitimacy of the deceased's multiple marriages under Muslim Law. Signup and view all the answers

What role does the Syariah Court play regarding Inheritance Certificates?

To issue certificates based on applicant-provided information. Signup and view all the answers

In the context of the Letter of Wishes left by Shiraz Abidally Husain, what was its intended purpose?

To instruct the trustee on the equal distribution of funds to children. Signup and view all the answers

When was the Inheritance Certificate issued in the case of Re Will of Shaikh Ahmad Bin Abdullah Wahdain Basharil?

2000, following challenges from grandchildren. Signup and view all the answers

What challenge did the grandchildren of the deceased face in relation to the Inheritance Certificate?

They applied to the High Court to contest the Inheritance Certificate. Signup and view all the answers

What is the significance of the year 2000 in relation to Shiraz Abidally Husain's estate?

It marked the date of his passing. Signup and view all the answers

What was the primary legal issue regarding the agreement made on 18 May 2003 among the siblings?

Whether the agreement was binding and consistent with Muslim law. Signup and view all the answers

In the case of Haja Maideen v Roshan Begum, what was the daughter's argument regarding her right to the HDB flat?

She refused to vacate based on a Hibah signed by her mother. Signup and view all the answers

What did the elder son argue regarding the Hibah in Haja Maideen v Roshan Begum?

The Hibah was not valid as it was not valid under general law. Signup and view all the answers

According to the Housing and Development Act referenced in the case, what requirement must be met before disposing of an HDB flat?

Prior written consent from HDB must be obtained. Signup and view all the answers

What historical date is associated with the discovery of the will in the case involving the five siblings?

19 May 2003 Signup and view all the answers

What was the Court of Appeal's ruling regarding the agreement made by the siblings on 18 May 2003?

The agreement was valid and enforceable based on mutual consent. Signup and view all the answers

What aspect of the Hibah did the court evaluate to determine its validity in Haja Maideen v Roshan Begum?

The legitimacy of the gifting process under Islamic Law. Signup and view all the answers

What was the outcome of the issue regarding the enforceability of the 18 May 2003 agreement?

The agreement was acknowledged as valid and enforceable. Signup and view all the answers

Study Notes

Applicability Of Inheritance Laws In Singapore

Non-Muslims follow the Intestate Succession Act, the Wills Act, Section 23 Civil Law Act, the Probate & Administration Act, the CPF Act, the Legitimacy Act, the Adoption Act, and the Inheritance (Family Provisions) Act
Muslims follow the Administration of Muslim Law Act (AMLA)
The Wills Act only applies to Muslims in terms of formalities
Section 23 Civil Law Act does not apply to Muslim Wills
The Probate and Administration Act applies to Muslims
The CPF Act applies to Muslims
The Legitimacy Act does not apply to Muslims as children conceived out of marriage are not beneficiaries
The Adoption Act does not apply to Muslims as adopted children do not inherit automatically
The Inheritance (Family Provisions) Act does not apply to Muslims
The Insurance Act on Revocable Nominations applies to Muslims, since 2017

Distribution of Estate

The estate can be distributed by Will, or under Intestacy, or by other instruments, like a Deed of Family Arrangement

Distribution by Will

Section 111 AMLA: In accordance with Muslim law ( ie. Must comply with Faraid)
A Muslim domiciled in Singapore cannot dispose of property by Will except in accordance with the provisions of and subject to the restrictions imposed by the school of Muslim law professed by him or her
Section 111 AMLA does not affect:
- the provisions of the Wills Act, other than s 3 thereof;
- the provisions of the Insurance Act;
- the provisions of the Probate and Administration Act; or
- the will of a Muslim dying before 1 July 1968.

Intestacy

Section 112 AMLA: Distribution according to Muslim law
In the case of any Muslim person domiciled in Singapore dying intestate, the estate and effects shall be distributed according to the Muslim Law as modified, where applicable, by Malay custom.
This section applies to cases where a person dies partly intestate as well as in cases where he dies wholly intestate
The court can make an order for the division of the harta sepencarian or jointly acquired property in such proportions as to the court seems fit.
Relevant case: Shafeeg Bin Salim Talib v Fatimah Bte Abud Bin Talib SGCA 11

Beneficiaries Under Muslim Inheritance Law

Prior to Islamic Law, the prevailing system was based on the cultures of ancient Arabs –
- Nearest male relatives
- Females excluded
- Descendants preferred to ascendants ( ie.Parents excluded)
The main changes under Islamic Law were to reform the injustice of that period
- Husband or wife became entitled to inherit
- Females could inherit
- Parents could inherit

Basis of Faraid

Male heirs generally receive more than the female heirs, to reflect the degree of responsibility within the family unit
General Rule: a daughter is given ½ of the share of a son
A male who chooses to accept the extra inheritance portion must realise that the rights come with added responsibility to provide for the female member’s living needs and to secure their welfare
Increasingly common for males to renounce their additional portion and instead redistribute it with female beneficiaries ( mother, sister) via Deed of Family Arrangement
Such an act of renunciation and redistribution which is agreed upon by the heirs’ consensus is allowed under Islamic law as declared by the Fatwa Committee of MUIS.

What Happens When There Are No Male Beneficiaries Or No Beneficiaries At All?

Baitulmal (General Endowment Fund), commonly known as Baitulmal is administered by MUIS
Baitulmal consists of money and property received from the deceased’s estate in certain circumstances
Circumstances where a share of the deceased person’s estate goes to Baitulmal include:
- There is no rightful beneficiary to the estate ( eg a single person with no living relatives, a convert who dies leaving only non-Muslim heirs and did not provide for this under Will).
- Where there are no male beneficiaries.
- In Singapore, MUIS administers Baitulmal.
- Baitulmal not applicable where the deceased was from Hanafi school.
- Beneficiaries can appeal for MUIS to ‘return’ share based on hardship.

Formalities Of Muslim Wills

Section 3(1) - Wills Act does not apply to Muslims BUT Muslim Wills must comply with the formalities in Wills Act:
- Section 4 – Capacity (above 21 years old except for soldier in actual military service)
- Section 6 – Execution in Writing
- Section 10 – Witnesses cannot be a beneficiary or a spouse
- Section 13 – Revoked by marriage
- Section 16 – Alteration not valid
- Section 28 – Rectification of Will by Court based on clerical error or failure to understand Testator’s intention

Formalities and Restrictions of Muslim Wills Under Muslim Law

Appointment of Executor and Trustee
- The Executor should be (1) Muslim; (2) Adult; (3) Sane; (4) Free of irreproachable character; and (5) Fit person to perform duties entrusted to him
- There haven’t been any legal challenges against this
Witnesses
- Should be 2 Muslim males
- No known challenge in Court
Quantum of assets and to whom
- Can bequeath up to 1/3 of estate ( except with Consent of all beneficiaries)
- If there is no consent from all beneficiaries, the 1/3 must be to non-Faraid beneficiaries, egs. charities

Muslim Law Is Part Of The Law Of The Land

Relevant case: LS Investments Pte Ltd v MUIS 3 SLR 369
The Court of Appeal determined that: “Muslim Law need not be proved like foreign law. Muslim law is part of the law of the land which the Court would take cognizance”
Note: While the English translation of wakaf is a charitable trust, it is wrong to apply common law of trusts to a wakaf. Instead, as was done by Justice Judith Prakash at the High Court below, the Court must apply Muslim Law in determining whether a wakaf had been created.
The approach in LS Investments followed the approach applied by Justice Aedit Abdullah in MUIS v Saeed Salman and Another SGHC 4

Inheritance Certificate

Relevant case: Re Will of Shaikh Ahmad Bin Abdullah Wahdain Basharil SGHC 165
The deceased made a Will in Singapore in 1938
The deceased passed away in Surabaya in 1953
The estate was distributed according to the Will in 1974
The Public Trustee was appointed trustee of the Will in 1976, and properties were vested in the Public Trustee
An Inheritance Certificate was issued by the Syariah court in 2000
The grandchildren of other wives applied to the High Court of Singapore, as per the Indonesian Order, challenging the Inheritance Certificate
The deceased had one wife and six children, but five wives in his lifetime
At the time of death, only one surviving wife, and 13 children
Issue: “The key issues is whether the testator had been married under the Muslim Law to the second to fifth wives”. This is a question of fact.
Key observations:
- The Syariah Court’s role is to issue an Inheritance Certificate based on the information provided by an applicant
- But if there is a challenge, then the High Court is the forum for adjudication.

Letter Of Wishes & Deed Of Family Arrangement

Relevant case: Shiraz Abidally Husain SGCA 16
- The deceased made a Will on 13 January 1992
- The deceased wrote a Letter of Wishes to give his monies equally to his six children (sons and daughters) on 15 November 2000
- The deceased passed away on 16 May 2003
- The children entered into a Deed, agreeing to comply with the Letter of Wishes, on 18 May 2003
- The Will was subsequently discovered on 19 May 2003
- The five siblings received their share of the monies in joint accounts based on the Letter of Wishes on 21 May 2003
- One of the children issued a Statement on 7 August 2003, stating: “It is my right to inherit as per the lawful and correctly drawn up will of my father, Abidally Abdul Husain, in accordance with the Islamic Law and I now exercise that right”
Issue: Was the agreement of 18 May 2003 among the six children enforceable or not?
Court of Appeal (Chan Sek Keong, Chief Justice):
- “there was an agreement among the six children on 18 May 2003 to distribute to themselves equally … the bank accounts…Such an agreement was not inconsistent with Muslim law and was binding on them.”

Hibah ( Gift )

Relevant case: Haja Maideen v Roshan Begum SGHC 164
The Mother solely-owned a HDB flat
The Mother passed away in India in June 2011, leaving behind two sons and one daughter.
The elder son wanted to sell the flat and divide the proceeds according to Hukum Faraid.
The daughter refused to move out as she had been living in the flat
The daughter relied on a Hibah signed by the Mother in India, giving her the entire flat.
The elder son argued that the Hibah was invalid
Issue:
- Whether a Muslim has made a valid inter vivos gift or hibah
- Whether the property was properly disposed has to be answered with reference to general law such as legislation and the common law
Choo Han Teck J:
- Section 50 Housing and Development Act : No HDB flat shall be disposed of without the prior written consent of the HDB. Since HDB’s consent was not sought, the transfer was therefore void.

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Description

Explore the complex inheritance laws in Singapore, which differ for non-Muslims and Muslims. This quiz covers various acts such as the Intestate Succession Act, Wills Act, and the Administration of Muslim Law Act, highlighting their applicability. Test your knowledge on how estates are distributed depending on religious and legal contexts.