Faraid
Faraid is that section of the Islamic law
that deals with the distribution of the estate of a deceased person
among his heirs in accordance with Allah's (God)
decree in the Holy Quran and
according to the hadith or tradition of the Messenger of Allah (peace be
upon him).
The
Syariah Court (Islamic Court) in Singapore has jurisdiction over the
method of distribution of a deceased person's estate among his next of
kin in accordance with Islamic law, as provided for under sections 112
and 115 of the Administration of Muslim Law Act (AMLA).
What is an estate?
What are the types of estates?
What is the basis of Faraid?
Who
are the beneficiaries?
What is
Baitulmal?
Order of sequence of rights on
the estate
Why
is a woman's share half that of a man?
What is the wisdom behind Faraid?
What is an estate?
Estate is all the assets and liabilities of a
deceased person, which, according to Islamic law, may be inherited by
the deceased person's heirs.
[Back to top]
What are the types of estates?
- Immovable property such as a building,
a piece of land, a plantation, etc.
- Movable property such as money, shares, jewelry, equipment, vehicles,
clothes, etc.
- Money owed to a deceased person.
- Property that has been mortgaged or pawned by a deceased person and
that is redeemable.
- Property purchased by a deceased person during his lifetime for which
payment has been made by him but which has not been delivered to him
until his death.
- Mahr (Dowry) that has yet to be paid to a wife until the wife's
death.
- Other assets such as savings, CPF money, shares, unit trusts, bonds
and insurance policies approved by Islamic law.
- All the aforesaid property in and outside the residence of a deceased
person.
- All other assets of material value.
[Back to top]
What is the basis of Faraid?
Faraid is based on:
-
The Quran:
"Allah enjoins you concerning your children: the male shall have
the equal of the portion of two females; if there are more than two
females, they shall have two-thirds of what he has left, and if there
is one, she shall have the half; and as for his parents, each of them
shall have the sixth of what he has left if he has a child: but if he
has no child and only his two parents inherit from him, then his
mother shall have the third; but if he has brothers, his mother shall
have the sixth after the payment of any bequest he may have bequeathed
or a debt. You know not whether your parents or your children are
nearest to you in benefit. These are settled portions ordained by
Allah and Allah is All-Knowing, All-Wise." (4:11)
-
Hadith:
The Prophet Muhammad (peace be upon him) said: "Give the appointed
portions to those entitled to them. Then whatever remains is for the
nearest male." (Narrated by Bukhari).
-
Ijmak and Ijtihad of the companions of the Messenger of Allah,
imams of mazhab and mujtahid of proven knowledge.
A substantial part of
Faraid and the section governing the distribution of property among
heirs are provided for in the Quran. Only a small part is determined on
the basis of Hadith and Ijmak.
[Back to top]
Who are the beneficiaries?
Beneficiaries are the persons who have
the right to inherit the estate of a deceased person on the basis of
their relationship with the deceased by descent
and marriage.
Male: son, grandson (and his direct male descendants), father,
paternal grandfather, brother, half-brother (by the same father),
half-brother (by the same mother), nephew (brother's son), nephew
(half-brother's son), paternal uncle, father's half-brother (by the same
father), son of paternal uncle, son of father's half-brother (by the
same father), husband
Female: daughter, granddaughter (son's daughter), mother, maternal
grandmother, paternal grandmother, sister, half-sister (by the same
father), half-sister (by the same mother), wife
[Back to top]
What is
Baitulmal?
Baitulmal
is the body or institution that functions as a trustee of the Muslims.
It looks after assets from which members of the Muslim public can
benefit.
In Singapore, the Majlis Ugama Islam Singapura
[MUIS] administers the Baitulmal. The estate of a deceased person goes
to the Baitulmal under the following circumstances:
- There is no rightful beneficiary to the estate.
- All beneficiaries have received their shares, yet there is still a
portion that remains of the estate.
- There is no claimant to the estate.
- The deceased person leaves no heir.
[Back to top]
Order of sequence of
rights on the estate
When a person dies, those living must do
the following with the estate that the deceased leaves behind, in the
following order:
-
To discharge all his
obligations relating to zakat, various kaffarah or
penalties for oath, zihar, coition whilst fasting in the month
of Ramadan, coition whilst in the state of ihram during hajj
or umrah, homicide, etc.
-
To pay for his funeral
expenses.
-
To settle all his debts
to his fellow beings. The settlement of such debts shall include the
performance of the hajj on his behalf if he had not already done
so in his lifetime, and the payment of mahr if payment
had not already been made. Even if the deceased died testate, the
settlement of all his debts must precede the disposal of his estate
that is spelt out in his testament.
-
To execute his will. A
will is not for a person's heirs. The amount of estate provided for in
a will for disposal shall not exceed one-third of the remaining estate
after the settlement of (i) to (iii) above.
-
To distribute the
remaining estate among his heirs after settlement of (i) to (iv)
above.
The next of kin of a
deceased person are entitled to the deceased's estate regardless of the
amount. The estate must therefore be distributed among them in
accordance with the law of Allah except to those who disclaim their
right thereto. In the event that a beneficiary is away from the country
or is missing, his share of the estate must be set aside for him until
his return.
Concealing the estate of a
deceased person from those who are entitled to it is an act of deceit.
It is haram (forbidden) and cruel to do so. Any beneficiary who
is involved in such an act, either directly or indirectly, shall be
answerable to Allah in this world and in the hereafter.
A Muslim cannot ignore the
rule of Allah and dispose of the estate of a deceased person according
to the rule or custom of a particular country.
[Back to top]
Why is a woman's
share half that of a man?
-
Daughter inherits 1/2 of
what the son inherits
-
Wife inherits 1/4 and
husband 1/2 if the deceased has no children
-
Wife inherits 1/8 and
husband 1/4 if the deceased has children
-
If the deceased has no
ascendant or descendants, the sister inherits 1/2 share that of the
brother
Male inherits double than female because he financially supports the
family. In Islam, a woman has no financial obligation. Financial
responsibility lies on the shoulder of the man. Before a woman is
married, it is the duty of the father and brother to look after her
financial requirements. After she is married, it is her husband's or
son's duty. Islam holds the man financially responsible for the needs of
his family. In order to fulfill the responsibility, the men get double
the share of inheritance.
[Back to top]
What is the wisdom behind
Faraid?
Faraid is ordained in great detail by Allah in the Quran. Muslims must abide by this rule of Allah in all
circumstances. Allah has decided upon the rights of inheritance on the
basis of the responsibilities of men and women. Allah has fairly and
systematically made the choice of beneficiaries.
Under the Islamic social system, women are not obliged to work for a
living. It is the responsibility of the male members of families to earn
a living and to provide for their womenfolk. When a woman weds, she
receives a mahr the quantum of which she herself determines. She
has the absolute right to decide on the manner in which the mahr
is to be used. The mahr is given to her by the man she marries.
Given the fact that women have the privilege of protection by men, it is
clear that what has been decided as their share vis-à-vis the
distribution of estate is equitable.
[Back to top]
*Information from the
Syariah Court
Singapore
|
