In Singapore, Muslim inheritance is governed distinctly from non-Muslim inheritance. Section 111 of the Administration of Muslim Law Act provides a provision on how a Muslim may give away property after death, essentially binding Muslim inheritance in Singapore to restrictions under Islamic Law. Section 112 of the Act governs how Muslim estates are distributed, according to faraid, the Islamic law of inheritance.
It is important to note that this is legally binding to all Muslims in Singapore, and is not a matter of religious observance.
A. Applies to all Muslims in Singapore
The section is tied to being Muslim and being domiciled in Singapore. Domicile is a legal concept broader than residence, and concerns where a person has their permanent home. It is not automatically the same as citizenship or where someone currently lives.
B. Applies to wills and insurance nominations
Section 111 expressly covers two mechanisms: disposition by will (wasiat), and disposition by nomination under the Insurance Act. This is important as it means the restriction is not confined to formal wills. Certain insurance nominations are caught as well.
C. Applicable rules are tied to the branch of Islam which is professed
The section does not itself set out the restrictions. It refers to "the school of Muslim law professed" by the person. In Singapore, the majority of Muslims follow the Shafi'i school, and that is the default reference point in practice. Where a person professes a different madhhab, its rules apply instead.
D. One-third limit
The best-known restriction imported by section 111 is the one-third limit. Under the applicable Islamic rules, a Muslim may give away by Will no more than 1/3 of thir net estate, after debts, funerals, and other deductions.
This 1/3 may generally only go to persons who are not already entitled as heirs under faraid. Any bequest that exceeds this limit, or that gives extra to an existing faraid heir, is generally not recognized unless the other heirs consent explicitly.
In essence, the remaining 2/3 of every Muslim estate, and any part of the residual 1/3 not validly disposed of, needs to be distributed under faraid.
The estate distributed under faraid is the net estate. Before distributions can even occur, (i) funeral and burial expenses, (ii) debts owed to creditors, (iii) outstanding religious obligations (e.g arrears of zakat, kaffarah, fidyah), (iv) any share of harta sepencarian (jointly acquired matrimonial property) awarded by the court, and (v) assets validly given away during lifetime as hibah, are all deducted. What remains forms the net estate, which can then be distributed.
Faraid applies fixed shares derived from the Quran and the majority opinion of Islamic scholars. These shares depend on which relatives survive the deceased: a spouse's share differs depending on whether there are children; parents and siblings may or may not take, depending on who else survives. As a general principle, a male heir receives twice the share of a female heir in the same category of relationship.
The rules are also interdependent. The Syariah Court provides an online faraid calculator, and MUIS provides guidance on how these rules should be applied. As such, faraid distribution adds a significant layer of complexity to estate distribution and allocation.
To administer a Muslim estate, the family must first obtain an Inheritance Certificate from the Syariah Court. It identifies the beneficiaries, their relationships to the deceased, and their respective shares under faraid.
Only then is the application made to the Family Justice Courts for a Grant of Probate or Letters of Administration. The probate process is the same as for any other estate, but what differs is that the distribution follows the Inheritance Certificate rather than a will or the Intestate Succession Act.
It is important to note that the Intestate Succession Act does not apply to Muslims.
A. The estate cannot be left entirely to a spouse
A Muslim cannot simply will their whole estate to a spouse or to one child. A spouse is already a faraid heir and takes a fixed share, while the one-third wasiat generally cannot be used to top that up without the consent of the other heirs. This is one the most common misconceptions and pitfalls in Muslim estates.
B. CPF nominations are not subject to faraid as long as there is a nominee
As CPF monies are not included as part of any formal estate that can be inherited legally, where a valid CPF nomination has been made, the money goes to the nominees directly and is not subject to faraid.
MUIS has issued a fatwa recognising CPF nomination as a permissible contemporary form of hibah. Where no nomination is made, the CPF monies are distributed according to faraid.
For many Muslim families this is the single most effective way to provide for someone the faraid rules would not — but only if the nomination is actually made and kept current.
C. Insurance nominations may or may not be subject to faraid
Section 111 expressly mentions nominations under the Insurance Act. MUIS has issued a fatwa recognising revocable insurance nominations as consistent with Islamic principles. As such, the nomination type of any insurance policy needs to be verified.
D. Property in joint tenancy is not subject to faraid, based on legal precedent
In Shafeeg bin Salim Talib, the Court of Appeal held that where property is held in joint tenancy, the right of survivorship applies and the deceased's interest does not fall into the estate for faraid distribution. This is contrary to the MUIS fatwa position, and has been debated by scholars. However, legal precedent dictates that statute overrides the fatwa, which is an advisory.
As such, the nature of how a property is held legally has a significant material implication in the application of Muslim inheritance law.
E. Lifetime gifts (hibah) do not form part of the estate that can be distributed
A gift genuinely completed during your lifetime is no longer yours at death and is not subject to faraid. However, this must be proven to be a real, effective transfer. Attempts to use testamentary nuzriah (gifts framed as taking effect just before death) have not been accepted as valid in Singapore. This is a critical consideration for Muslims
F. Cross-border assets are treated differently and may not be subject to Singapore statute on Muslim inheritance
As section 111 turns on domicile, Muslims with foreign nationality, property overseas, or an unclear domicile position need to obtain specialized advice pertaining to their estates, rather than simply assume the Singapore position applies uniformly.
Singapore law distinctly separates Muslim inheritance into a separate category with different governing principles. Because of this distinction, Muslims need to take extra care to navigate the complexities around faraid.
At Beyond Life, our advisors are equipped to provide expert advisory around Muslim inheritance.
20 August 2026
Beyond Life
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