The Wassiyah (will be Islamic) along with the planning of inheritance for Muslims not are widely practiced. The most common observations are:-
"The Koran already specifies my distribution of assets through Fara'id".
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"There is no need to write a will." "There are Fara'id".
Muslims are encouraged to make a will be Islamic.
"Is prescribed, when death approaches any of you, if you leave any goods that he make a legacy to parents and next of kin, according to reasonable use;" This is due to those who fear Allah. If someone changes the legacy after hearing it, the guilt shall be on those do change, Alá for he hears and knows (all things). But if someone fears partially or irregularities by the testator and make peace between (stakeholders), there is no wrong in him; Allah is Oft forgiving. "Most merciful."
Al - Baqarah (2: 180-182)
The first observation is true that, at the request of the Sharia Court, it will issue the certificate of inheritance known as "Sijil Warisan" after the death of a Muslim in Singapore. The distribution of Fara'id actions reflected in the certificate of inheritance for the distribution of the assets of the deceased.
FARA'id described in Al - Quran in the fourth chapter of verses of An-Nisa (women) 7, 11 & 12. and in the Hadith of Sahih Muslim in the 11th book, Kitab Al - Fara'id.
Application of Fara'id and other Sharia laws
Mr. Ahmad, a Muslim convert was divorced from a previous marriage 2 years ago with a 10-year-old son. He became a year ago and remarried shortly thereafter. From this marriage he has a daughter, while responsibly to his son from his previous marriage. Mr. Ahmad expected to send his son to College in the future. He wants to give to his son in the case of his death.
The distribution after the death of his estate is distributed under Fara'id:
The assets of Mr Ahmad after his death will be divided into 8 shares as follows:
1 Wife will get 1/8
2 Daughter will get 4/8
3 Baitulmal will get 3/8
** Baitulmal is the institution which acts as trustee of the Muslims. Takes care of assets that could benefit the members of the Muslim population.
Son of non-Muslims of Mr. Ahmad may not inherit as your beneficiary, unless an Islamic will provide up to 1/3 of their property. As a Muslim convert, his entire family before his conversion is excluded as legal beneficiaries under Sharia law. This is specifically mentioned in Kitab Al - Fara'id.
Book 011, number 3928(first_ver_se_ver_):
Osama b. Zaid said Messenger of Allah (may peace be upon him) as saying: it has no right to inherit from a non-Muslim to Muslim, and a non-Muslim is not entitled to inherit from a Muslim.
3/8 from estate of Mr. Ahmad will normally go to Baitulmal.
In Singapore, the Faculty of jurisprudence of Shafie allows a non-Muslim receive up to 1/3 of a Muslim death roots as part of the Wassiyah (will be Muslim).
It is prudent to every Muslim family to do an Islamic will in his estate and legacy planning.
Some of the other vehicles for the distribution of the wealth of a Muslim in Singapore are:-
Hibah - a gift during life.
Tired Sepencarian (shared Active size) - by customary law is a claim on the estate by the spouse who died up to 50% of total assets, deceased.
Islamic trust - personal or business assets may be held in Islamic Trust for the benefit of specific beneficiaries
Wassiyah (will be Islamic) - the designation of the executor to the estate of help to avoid conflicts between family members and accelerate the process of soft protection.
With this knowledge available, it will only be a matter of search the right Planner roots with the adequate experience in this area of work to help a Muslim plan your estate.
Reza Kamarudin has been in the financial advisory business since 2007. He is passionate about the planning of the estate because of the value it brings to the family unit and how succession planning advocates love and the dignity of the family.
Reza Kamarudin
Finca Planner and Manager of business,
Singapore estate planning,
http://www.estateplanningsingapore.com
Reza@estateplanningsingapore.com