Islamic Will (wasiat) is a declaration made by a person (testator) during his lifetime with respect to the distribution of his property or beneficial interests thereof, after his death. The testator can will away up to 1/3 of his or her assets to non-Faraid beneficiaries while the remaining 2/3 of his assets are to be distributed to Faraid beneficiaries.
It is important to know the law of Faraid in order to draft the will so that you understand who your legal heir under Faraid is and whether you can use instruments like Hibah during your lifetime as a planned giving.
Faraid is known as the Islamic Law on Inheritance. It deals with the distribution of the assets (the estate) of a deceased person to his heirs in accordance with Allah’s decree in the Holy Al- Quran and according to hadith or tradition of the Messenger of Allah.
Under the Administration of Law act cap 3, all Muslims in Singapore who die testate and intestate, his or her assets will be distributed in accordance with the Muslims Law.
You may visit https://www.syariahcourt.gov.sg/Syariah/front-end/TrialCal_Redirect.aspx for trial calculation of your faraid beneficiaries.
Hibah (gift) is a solution to deliver wealth to heirs and non-heirs apart from the wasiat (will) or faraid (succession) systems. Hibah occurs where an individual confers his valuable asset/property to another, during his lifetime, without any due consideration. However, Hibah Ruqba is a form of a gift. It is affected when the giver says “this property is yours as ruqba; if you should die before me, the property becomes mine and if I die before you, the property becomes yours”.
Please visit Muis website for more information. https://www.muis.gov.sg/-/media/Files/OOM/Resources/Joint-Tenancy-Fatwa-Booklet-EngVersion-Final-Copy-Full.pdf
In Islam, a will is an obligation or Sunnah that ensures your affairs are properly appointed to the right person, giving everyone an ease of mind.
Obligation:
· Fulfilling your duty to Allah SWT in accordance with the Sunnah of the Prophet
· A way to give back and make an impact via bequests and/or gifts
Right Person:
· Financial plan for people under your care who are non-heirs (e.g. step children, non-Muslim family members, friends etc.)
· Appointment of guardian for your children to be well taken care of in your absence (under 18 years old)
· Faster probate process and distribution of the estate to your heirs
Peace:
· Prepare personalized reminders for your loved ones when you leave
· Achieve financial security & peace by ensuring that your wealth is looked after and distributed to your loved ones following your death