Wassiyah (Islamic will) and estate planning for Muslims are not widely practiced. The common remarks made are: –
"The Quran already specifies the distribution of my assets via Fara's id."
"There is no need to write a will, there is Fara's id."
Muslims are encouraged to make an Islamic will.
"It is prescribed, when the death approaches you, to leave property, to bequeath to the parents and to the next of kin, according to a reasonable use, this is due to those who fear Allah. 39. One changes the legacy after hearing, the guilt rests with those who make the change, for Allah hears and knows everything, but if someone fears in part or commits a wrongdoing on the part of the testator he makes peace between the parties and has nothing wrong with him, for Allah is Forgiving, Most Merciful. "
Al-Baqarah (2: 180-182)
The first remark is true: on request, the court of Syariah will issue the inheritance certificate called "Sijil Warisan" to the death of a Muslim in Singapore. The distribution of shares by the Fara's id is indicated in the certificate of succession for the distribution of the assets of the deceased.
Fara's id is described in the Quran in the fourth chapter of An-Nisa verses 7, 11 and 12 (women) and in the hadith of Sahih Muslim in the eleventh book Kitab Al-Fara's id .
Application of fara id laws and other laws on syariah
Mr. Ahmad, a converted Muslim divorced from a previous marriage 2 years ago with a 10 year old son. He converted a year ago and remarried shortly thereafter. From this marriage, he has a daughter while responsibly assuring his son of the previous marriage. Mr. Ahmad hopes to send his son to the university in the future. He wants to support his son in the event of death.
The distribution to the death of his property is distributed under Fara's id:
Mr. Ahmad's assets on his death are divided into 8 parts, as follows:
1. The woman will have 1/8
2. The girl will have 4/8
3. Baitulmal will get 3/8
* Baitulmal is the institution that acts as an administrator for Muslims. These are assets that members of the Muslim public could benefit from.
The non-Muslim son of Mr. Ahmad will not be able to inherit his rights unless an Islamic will is established to provide up to 1/3 of his assets. As a converted Muslim, his whole family before his conversion is excluded as a legal beneficiary under the Syariah law. This is specifically mentioned in Kitab Al-Fara's id.
Book 011, Number 3928 (first verse):
Usama b. Zaid reported that the messenger of Allah (peace be upon him) would have said: A Muslim is not allowed to inherit from a non-Muslim, and a non-Muslim Muslim is not allowed to inherit from a Muslim.
3/8 of Mr. Ahmad's estate will normally go to Baitulmal.
In Singapore, the Shafie School of Jurisprudence allows a non-Muslim to receive up to 1/3 of a Muslim's estate upon his death as part of the Wassiyah (Muslim will).
It is prudent for every Muslim family to make an Islamic will when planning their estate / inheritance.
Some of the other vehicles for distributing the wealth of a Muslim in Singapore are: –
Hibah – A gift in life.
Harta Sepencarian (Share of marital assets) – According to customary law, it is a claim of the estate deceased by the spouse representing up to 50% of the total of the deceased. 39, deceased asset.
Islamic Trust – Personal and / or commercial assets may be held in Islamic Trust for the benefit of specific beneficiaries
Wassiyah (Islamic Will) – The appointment of the executor of the estate helps to avoid conflict between family members and to speed up the succession process smoothly.
With this knowledge available, it will be more than looking for the right wealth planner with the appropriate skills in this area of activity to help a Muslim plan his wealth.
Reza Kamarudin has worked in the financial advisory industry since 2007. He is passionate about estate planning because of the value it brings to the family unit and the way in which it plans the love and dignity of the family. A family.