The Wassiyah (Islamic Will) collectively with Estate planning for Muslims aren’t widely practiced. The commonplace comments made are:-
“The Quran already specifies my asset distribution via Fara’identification.”
“No want to write down a Will. There is Fara’identity.”
pemakaman muslim are advocated to make an Islamic Will.
“It is prescribed, whilst death processes any of you, if he leave any items, that he make a bequest to mother and father and next-of-family members, consistent with reasonable usage; this is due from those who worry Allah. If all of us changes the bequest after hearing it, the guilt shall be on individuals who make the trade, for Allah hears and is aware of (all matters). But if everyone fears partly or wrongdoing on the part of the testator, and make peace between (events worried), there is no incorrect in him; for Allah is Oft-Forgiving. Most Merciful.”
Al-Baqarah (2:one hundred eighty-182)
The first commentary is real that upon application the Syariah Court will trouble the Inheritance Certificate called “Sijil Warisan” upon the demise of a Muslim in Singapore. The Fara’id distribution of shares is meditated at the Inheritance Certificate for the distribution of the Deceased’s assets.
Fara’identification is about out within the Al-Quran in the fourth chapter of An-Nisa (Women) verses 7, 11 & 12. And within the Hadith of Sahih Muslim in the 11th book, Kitab Al-Fara’identity.
Application of Fara’id and different Syariah Laws
Mr. Ahmad, a Muslim convert became divorced from a preceding marriage 2 years in the past with a ten yr vintage son. He transformed a 12 months in the past and remarried rapidly thereafter. From this marriage, he has a daughter while responsibly providing for his son from the previous marriage. Mr. Ahmad hopes to ship his son to the university in the destiny. He desires to provide for his son in the occasion of his dying.
The distribution upon his demise of his estate is shipped under Fara’identity:
The assets of Mr Ahmad upon his loss of life will be divided into 8 shares as follows:
1. Wife will get 1/eight
2. Daughter gets 4/8
3. Baitulmal gets 3/eight
*Baitulmal is the group that acts as a trustee for the Muslims. It seems after property from which individuals of the Muslim public ought to advantage.
Mr. Ahmad’s non-Muslim son will no longer be able to inherit as his beneficiary unless an Islamic Will is made to provide up to one/three his belongings. As a Muslim convert, his whole own family previous to his conversion is excluded as felony beneficiaries underneath the Syariah Law. This is specially noted in Kitab Al-Fara’id.
Book 011, Number 3928(first verse):
Usama b. Zaid mentioned Allah’s Messenger (may peace be upon him) as saying: A Muslim is not entitled to inherit from a non-Muslim, and a non-Muslim is not entitled to inherit from a Muslim.
Three/eight of Mr. Ahmad’s property commonly will go to Baitulmal.
In Singapore the Shafie School of Jurisprudence permits a non-Muslim to receive up to 1/three of a Muslim’s estate upon loss of life as part of the Wassiyah (Muslim Will).
It is prudent for each Muslim family to make an Islamic Will upon planning their Estate/Legacy.
Some of the other automobiles for distribution of a Muslim’s wealth in Singapore are:-
Hibah – A gift in the course of one’s lifetime.
Harta Sepencarian (Matrimonial Asset Share) – By standard regulation it’s miles a declare at the deceased property by the spouse for up to 50% of deceased total assets.
Islamic Trust – Personal and/or business belongings can be held in Islamic Trust to benefit unique beneficiaries
Wassiyah (Islamic Will) -The appointment of the Executor to the Estate help to keep away from disputes amongst circle of relatives individuals and expedite the easy Probate method.
With this understanding available, it will handiest be an difficulty of seeking out the proper Estate Planner with the ideal know-how on this vicinity of work to assist a Muslim plan his estate.
Reza Kamarudin has been in the financial advisory business since 2007. He is passionate about Estate Planning due to the value it brings to the family unit and the way Estate Planning upholds the affection and dignity of a own family.