Faraid is the Islamic law of inheritance, administered in Singapore under the Administration of Muslim Law Act (AMLA) and applied by the Syariah Court. It sets fixed shares for specific heirs such as a spouse, children and parents, and applies automatically to a deceased Muslim's estate unless the asset falls into a recognised exception.

What is a Wasiat and how much of my estate can it cover?

A Wasiat is a Muslim will. Under Islamic law, it can only distribute up to one-third of the net estate (after debts), and only to beneficiaries who are not already Faraid heirs. The remaining two-thirds must still be distributed according to Faraid, and a Wasiat cannot alter the fixed Faraid shares.

Legacy & Estate Planning

Faraid in Singapore: How Islamic Inheritance Interacts with HDB, CPF and Insurance

Q: Does an HDB flat under joint tenancy follow Faraid?

No. Property held under joint tenancy passes automatically to the surviving joint tenant(s) by right of survivorship under Singapore's Land Titles Act, and this is confirmed by a 2019 MUIS fatwa. It does not form part of the deceased's estate and is not distributed under Faraid.

Q: Do CPF and insurance nominations override Faraid?

Yes, for the nominated amount. Where a valid CPF or insurance nomination exists, MUIS treats the nomination as a form of hibah (gift) made during the account holder's lifetime, and the nominated monies are paid directly to the named nominee(s), outside of Faraid distribution. If no nomination is made, CPF savings are paid to the Public Trustee for distribution according to Faraid.

By Syukri Ismail, Islamic Financial Planner (MDRT 2026) · Updated July 2026 · 9 min read

Quick answer: Faraid — Islamic inheritance law — applies automatically to a deceased Muslim's estate in Singapore, but several major assets sit outside Faraid by default: HDB flats under joint tenancy (pass to the surviving owner), and CPF or insurance monies with a valid nomination (paid directly to the nominee, treated as hibah). A Wasiat can only redirect up to one-third of the remaining estate, and only to non-Faraid beneficiaries. Getting this structure right — deliberately, not by accident — is the core of Islamic estate planning in Singapore.

This is one of the most consequential — and most misunderstood — areas of financial planning for Muslim families in Singapore. Many families assume "everything follows Faraid automatically," which isn't quite true, and that assumption alone causes real disputes and delays after a loved one passes.

What Faraid actually is

Faraid is the Islamic law of inheritance, set out in the Quran and applied in Singapore under the Administration of Muslim Law Act (AMLA), administered by the Syariah Court. It assigns fixed shares to specific heirs — spouse, children, parents, and others depending on who survives — and applies to a Muslim's estate by default. Most Muslims in Singapore follow the Shafi'i madhab, which applies unless proof of another madhab is shown.

The assets that sit OUTSIDE Faraid

This is the part that surprises many families. Several major asset types are legally excluded from Faraid distribution in Singapore:

Asset	What happens to it
HDB flat under joint tenancy	Passes automatically and fully to the surviving joint tenant, by right of survivorship — confirmed by both civil law (Land Titles Act) and a 2019 MUIS fatwa.
CPF savings, with a valid nomination	Paid directly to the named nominee(s), treated as hibah (a lifetime gift). If no nomination exists, funds go to the Public Trustee for distribution according to Faraid.
Insurance policies, with a valid nomination	Paid directly to the nominee(s), similarly treated as a gift outside the estate.
Assets given away under a valid Wasiat or Hibah during your lifetime	Already transferred; not part of the estate at death.

Why this matters: a common scenario

Consider a couple who bought their HDB flat as joint tenants. If the husband passes away, the flat passes entirely to the surviving wife — not split among Faraid heirs including his children or parents. This can feel at odds with the spirit of Faraid, especially to family members who assume the flat forms part of the estate. It's not that Faraid is being ignored; it's that joint tenancy is legally recognised in Singapore as taking priority for that specific asset, per both civil law and MUIS's own 2019 ruling.

Where Muslim law and civil law clash over whether a particular property should be distributed under Faraid, Singapore's civil law generally prevails for that asset — which is exactly why proactive planning, not assumption, is essential.

The role of Wasiat (Will)

A Wasiat lets you direct up to one-third of your net estate (after debts and other deductions) to beneficiaries who are not already Faraid heirs — for example, a close friend, an adopted child, a charity, or a non-Muslim relative. It cannot:

Redirect more than one-third of the net estate
Give additional shares to people who are already Faraid heirs (like your spouse or children)
Override the fixed Faraid shares on the remaining two-thirds

Without a Wasiat, the entire estate (after debts) is distributed strictly according to Faraid, and the family must apply for Letters of Administration rather than Probate.

The role of Hibah (Gifting)

Hibah is a gift made during your lifetime — not at death. Because it takes effect immediately, it isn't bound by the one-third limit that applies to a Wasiat, and can be a useful tool for directing specific assets to specific people while you're alive and of sound mind. CPF and insurance nominations are themselves treated by MUIS as a form of hibah, which is part of why they sit outside Faraid.

Important: Hibah must be properly executed to be recognised by both Syariah and civil courts. Informal or undocumented intentions — even clearly stated ones — can be challenged or overturned if the legal formalities aren't met. This is an area where getting professional legal guidance alongside your financial planning genuinely matters.

Putting it together: a practical estate planning checklist

Understand your Faraid heirs — who they are and their fixed shares, ideally with a proper Inheritance Certificate reference point.
Review your property ownership structure — joint tenancy vs. tenancy-in-common has very different outcomes for Faraid.
Check and update your CPF nomination — decide deliberately whether nomination or Faraid distribution better serves your family.
Check and update your insurance nominations — same consideration as CPF.
Consider a Wasiat for the one-third portion, if you want to provide for a non-Faraid beneficiary or a cause like wakaf.
Consider Hibah for specific gifts you want to make now, properly documented.
Revisit all of the above after major life events — marriage, divorce, a new child, or a change in assets.

Common questions

What is Faraid?

The Islamic law of inheritance, applied in Singapore under AMLA via the Syariah Court, setting fixed shares for heirs such as spouse, children and parents.

Does an HDB flat under joint tenancy follow Faraid?

No — it passes automatically to the surviving joint tenant by right of survivorship, confirmed by both civil law and a 2019 MUIS fatwa.

Do CPF and insurance nominations override Faraid?

Yes, for the nominated amount — treated as hibah and paid directly to the nominee. Without a nomination, CPF funds go to the Public Trustee for Faraid distribution.

What can a Wasiat actually do?

Direct up to one-third of the net estate to non-Faraid beneficiaries. It cannot change the fixed Faraid shares on the remaining two-thirds.

Not sure how your assets would actually be distributed today?

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