English | Malay

Frequesntly Asked Questions (FAQ)

 

Question 1:

       What does faraidh mean and is it only related with the deceased?

 

 

Answer :

 

Faraidh or the Law of Inheritance is ordained specifically to handle the
property of the deceased. Therefore it is only related with the deceased.
When a person gives his/ her property to someone else during his lifetime,
whether it is to an heir or not, it is not considered as faraidh but is called
hibah? or a gift. This is permitted by Islam. However, it is advisable not
to do it to the extent that it takes away the right of others.

  
    

Question 2 :

 

Can the property of the deceased be divided equally instead if all the
rightful heirs have agreed to it?

       
  Answer :
 

Dividing the property of the deceased has to be in accordance with the
Islamic Law of Inheritance (faraidh). Each and everyone of the rightful
heirs must know his/ her share. However, if all are agreeable that it be
divided equally, it is also permissible.

     
  
    

Question 3 :

  What is the ruling for those who do not agree with the Law of Inheritance?
       
  Answer :
  The Law of Inheritance is a command ordained by Allah Sw.t in various verses
in the Qur’an. Its main purpose is to ensure fairness, that the rights of the
heirs are duly protected and to safeguard family ties. As Muslims, it is
compulsory for us to heed this command.
However, in the case where all the rightful heirs agree to divide the property
equally or according to their own agreement, it is permissible so long as all
are agreeable to it as this involves ensuring good family ties and kinship.
       
             
       
   

Question 4 :

     Is it compulsory for the deceased parents’ savings to be divided among their
children in accordance to the Islamic Law of Inheritance?
             
Answer :
The savings of the deceased parents must be divided in accordance to the
Islamic Law of Inheritance. However, it is also permissible for the rightful
heirs to forgo their rights so that it can be given to those who need it more,
for example the widow of the deceased or the heir’s mother.
       
        
                          

Question 5 :

When do the rights of the heirs begin?
      
Answer :
The rights of the heirs begin immediately after the death of the deceased
and when all necessary procedures in relation to the property of the
deceased has been attended to. They are as follows:
       
     1) To settle the burial expenses of the deceased in moderation.
  2) To settle all debts the deceased incurred, including debts to human and
       also to Allah such as zakat and fidyah.
  3) To exercise the will made by the deceased.
             
     
  
 

Question 6 :

 

Is writing a will allowed by Islam?

   
  Answer :
 

According to Islamic teachings, Muslims are highly encouraged to write a will, in order to

avoid conflicts to the beneficiaries and to themselves. However, it must satisfy the following:

  1) That it should be witnessed by two male Muslims, who are not the beneficiaries.
     
  2) The amount to be willed away should not be more that one third of his/her total assets.
      
  3) The beneficiaries of the will cannot be any of the heirs (family members)
        who will get their share from faraidh. The will is considered valid until
    another will is written to override the earlier will. The will can be kept in
    a safe place. Having a will written in the presence of a lawyer and testified
    by the law firm, will make the will stronger. The lawyer may assist in the
    correct wording, and safe-keeping.
  
          
      
   

Question 7 :

   Is it permissible for one to will out one’s property so that certain heirs can
receive more than others?
              
  Answer : 

It is not permissible to will out one’s property to the heirs as they already have their
share of the property and will receive it in accordance with the Law of Inheritance.
Hence, wills that are made out to heirs are not considered valid.

     
        
       

Question 8 :

 

Is it permissible for one to draw up a will stating how one’s property should be divided?

        
  Answer :
    In Islam, dividing property of the deceased must be in accordance with the
Law of Inheritance. Drawing up a will with instructions on how to divide one’s property
according to one’s own will is overriding the Law of Inheritance, in other words, overriding
Allah’s commands. The main purpose of willing out one’s property is to give part of one’s
property to those that do not inherit and it must not exceed 1/3 of the property. It is
important to know that the Law of Inheritance is a command ordained by Allah s.w.t. and
it is full of wisdom (hikmah), just like all other commands that Allah has ordained. Hence,
it is best that we, as Muslims, respect this command and acknowledge that Allah knows best.
              
       
              

Question 9 :

  What is the ruling on wills that exceed 1/3 of the property?
      
  Answer :
  Wills that exceed 1/3 of the property is valid depending on whether or not the rightful
heirs are agreeable to it. If they are not agreeable to it, it is compulsory that the will
be decreased to the maximum limit which is 1/3 of the property. If they are agreeable,
this agreement will only be valid if it is made after the passing of the the person who
made the will.
        
        
           
   

Question 10 :

     Is it permissible for one to will out one’s property to his/ her foster child?
         
  Answer :
  It is permissible to will out to one’s foster child as a foster child is not an heir
to his/ her foster parent but it must not exceed 1/3 of the property.
       
      
      
 

Question 11 :

  Is it permissible for one to will out her property to those other than her husband?
     
  Answer :
 

Willing out one’s property is permissible in Islam. However, it is only considered
valid when it is not willed out to the heirs and does not exceed 1/3 of the property.

      
     
       

Question 12 :

  Is it permissible for one to will out part of his/her property to a non-muslim?
        
  Answer :
  It is permissible to will out one’s property to a non-muslim so long as it does
not exceed 1/3 of the property.
    
        
       

Question 13 :

  What is the status of an out of wedlock child and can he/ she inherit the
father’s property?
        
  Answer :
  The guidelines for the status of an out of wedlock child are as follows:
  1) If the father has married the mother after the child was conceived,
      he is considered the child’s stepfather. 
  2) The child cannot be son/daughter of to this man.
  3) The child cannot inherit this man’s property and the man cannot inherit the 
      child’s property, even though they are biologically related.
  4) The man however can will out 1/3 or less of his property to the child since 
      he/ she is not a rightful heir.
  5) The man cannot be a wali in the nikah of the child if she is a girl.
    
  If a stepfather gives a portion of his property to the child during his lifetime,
it is considered as a gift and does not need to be divided according to faraidh.
      
   
                  
 

Question 14 :

  Can a stepchild or foster child inherit the step-parents’ or foster parents’ property?
       
  Answer :
  According to the Law of Inheritance, stepchildren, foster children and divorced
spouses cannot inherit the property of the deceased. Hence, a stepchild or
foster child cannot plead to his/ her stepfather/foster father’s widow to sell the
matrimonial house so that they can get a share out of the profits because they
do not have any right over the property. They can only inherit the property of
their biological father.
          
      
   
 

Question 15 :

  Can the foster child of the deceased inherit the property of the deceased if he/ she
does not have any heir?
   
  Answer :
  Foster children are not considered heir to the property of their foster parents and
therefore cannot inherit anything from them. However, if the deceased has willed
out part of the property to that foster child, in the presence of two witnesses, with
the condition that it does not exceed 1/3 of that property, it is then permissible for
the child to receive that portion. The rest of the property must be given to the
BaitulMal as there are no other heir. The BaitulMal is handled by Muis and it will be
used for the charity and community purposes in Singapore.
        
        
   
  Question 16 :      
  Which of these should be settled first, dividing the property of the deceased or debt
of the deceased first?
      
  Answer :
  According to the Law of Inheritance, the following should be observed:
  1) To settle all matters in relation to the property, including outstanding debts
    of the deceased.
  2) To settle the burial of the deceased in moderation.      
  3) To settle all debts the deceased might have in relation to kaffarah, fasting,
      hajj and zakat.
  4) To exercise the will made out by the deceased.
  5) To divide the property of the deceased to the rightful heirs.
       
       
   
  Question 17 :      
  If the deceased has made a nomination on his/her CPF, should the money be divided
among the beneficiaries?
         
  Answer :
 

Please click here for latest fatwa issued by the Fatwa Committee on 3 August 2010 on CPF nomination.
 

                 
Question 18 :      
  Is the CPF Dependents Insurance compensation money is to be disbursed according to
the Inheritance Law?
                       
  Answer :
  Yes, the Fatwa Committee is of the opinion that the Dependents Insurance Scheme is
the co-operative scheme which gives the benefits to its members. This scheme is the
same as the Burial Fund (Khairat Kematian) . The proceeds are ‘halal’ and the
compensation money should be disbursed according to the law of inheritance.
                 
                             
   
  Question 19 :      
  What is the ruling on the insurance money received from life insurance if there is no nomination?
                 
  Answer :
 

Life insurance is divided into two parts:-

 

a) Money that are paid by the policy holder (the deceased).

  b) Additional money that are given by the insurance company.
  Money paid by the policy holder (the deceased) is part of the wealth that the heirs could
inherit according to the Law of Inheritance.
   
   
  The additional money that is paid by the insurance company is considered as money
which is “syubhah?, where the state of “halal? and “haram? is vague. The money should be
paid to Baitulmal for the benefits of the Muslim community.
                 
                                
    
  Question 20 :      
If a person gives his/her share of the house to the spouse while still living, for example
under the joint-tenancy scheme, is this portion considered under faraidh?
                    
  Answer :
  A gift that is given during our lifetime and transferred to another party is not considered as
one's asset anymore. Therefore it is not considered as property that is to be distributed in
accordance to the Law of Inheritance after one's death.
                      
                           
   
  Question 21 :      
  Are debts that are repaid to the deceased included in the property that has to be divided
among the rightful heirs?
                        
  Answer :
  If a person comes to repay a debt owed to the deceased only after the person’s passing,
the repaid debt is then considered part of the property of the deceased that has to be
divided among the rightful heirs.
                                                         
   
              
  Question 22 :      
  Is it permissible for the heir to claim all debts to be paid to the deceased first before
dividing the property?
               
  Answer :
  All outstanding debts owed to the deceased must be repaid before the property is divided
among the rightful heirs. For the executor of the property, it is his/ her right to claim all
debts to be repaid first because it is considered as property that must be divided among
the heirs.
                    
   
                
  Question 23 :      
  Is it permissible for the property of the deceased to be invested and its profits be used
for the education of the deceased’s grandchildren?
               
  Answer :
  It is permissible with the condition that the rightful heirs to the property has agreed to
forgo their share so that it can be invested.
                      
                         
        
  Question 24 :      
  Can a widow use the token given to her due to the death of her husband for her
daily expenses?
                     
  Answer :
  The token given due to a death in the family belongs to the family that received it and is
not part of the deceased estate that must be divided according to the Law of Inheritance.
Hence, it is permissible for the widow to use that money.