Syariah law on inheritance and divorce – Singapore real estate agent
- In Singapore, the estate of a Muslim must be distributed in accordance with Islamic inheritance laws in the absence of will.
- Under Section 115(1) of the Administration of Muslim Law Act, the beneficiaries must apply to the President of the Syariah Court for an Inheritance Certificate to establish the share of each beneficiary. Muslims can only dispose of or give away 1/3 of their estate to persons who are not already entitled under the Inheritance Certificate mentioned above.
- The remainder must be distributed to all the legal heirs as defined by Qur’an and Authentic Sunnah.
For Muslim marriages:
- Application must be made in the Syariah Court and comply with the requirements for divorce under Muslim law.
- Marriage counseling is a mandatory part of the court process.
- It is clear that Islam strongly discourages divorce.
- In the case of every divorce effected in Singapore, the husband and wife shall attend personally at the Syariah Court within 7 days of the divorce, or such extended time as the Syariah Court thinks fit, and
- Syariah court will decide on the proportion of sales proceeds of the property to the respective parties.
- Furnish such particulars as are required by the Syariah Court; and
- Apply in the prescribed form for a decree or order for divorce.
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