FAQ #141: Why is wasiat still important if we want to follow faraid anyway?

Islamic wills or wasiat is a declaration (iqrar) of a person made during his lifetime with respect to his asset or its beneficial interests with the means of charity or any other permissible purposes by Islamic law to non-faraid heirs up to 33.33% of net estate, which shall take effect upon his death.

Faraid is an Islamic inheritance law which dictates the predetermined distribution of assets among Muslim heirs based on specific rulings from the Quran, sunnah & consensus of prophet’s companion. It is about who is entitled to the inherited property and how much of a part is allocated to each eligible heir/beneficiary.

Despite the fact that faraid is the optimum approach for dividing inheritance in Islam as a way to provide justice to all levels of heirs and avoiding prolonged conflicts, faraid distribution is the last stage to reach faraid heirs, which means there are many gaps and duties in between that Muslims in Singapore are not aware such as if the estate is above $50,000, the eligible heirs need to go to family court and apply the letters to allow them to gather all the estates under 1 estate account and give according to faraid or portions via wills.

Islam also promotes the act of giving wasiat to allow the giver to gain endless rewards from the noble practice, particularly to impoverished families, relatives, or orphans who do not belong to those who are entitled to inheritance.

Here are some of the significance of wasiat towards Islamic wealth planning and management among Muslims:

  1. Management and administration:Wasiat makes it easier to manage and administer the deceased’s fortune upon death. It allows the giver to appoint a trusted individual or a trust corporation to act as an executor/ executrix of his estate to be in charge of its administration.When the giver dies, the executor/ executrix guarantees that all of the assets are liquidated, managed, and distributed to the nominated beneficiaries. Many Muslims believe that their property would be handed straight to their legal heirs once they die, however this is not the case. The appointment of an executor/ executrix actually helps to speed up the process of probate and handling the deceased’s wealth so that it would not get frozen for long time and able to be distributed to the rightful recipients.

    A timely distribution of property may benefit the heirs financially. That also means, if Muslim don’t write wasiat to appoint a person, family court through a judge, will appoint someone among the family member and this person may or may not represent your family welfare to the fullest and may just want to sell all your estate to quickly discharge his or her duties as the the administrator of your estate.

  2. Protecting the welfare of the loved ones:
    Islam permits a Muslim to bequeath a maximum of one-third of his assets to his loved ones who are not entitled under faraid, be they Muslims or otherwise. Those not regarded as heirs in Islam include, among others, adopted children, step child, illegitimate children, breastfed child, foster parents, non-eligible faraid grandchildren and non-muslim family members.Despite being the giver’s legal heirs, they have no title to any of the deceased’s assets until an official statement through wasiat states otherwise. In fact, there are other ways other that wasiat such as hibah/gift during lifetime that is also permissible if one wish to leave his wealth specifically for the use of his disabled and underage children.By doing so, it can give assurance and piece of mind (at least) to the giver knowing the fact that the welfare of their loved ones is duly protected and financially secured upon his death.
  3. Facilitate the giver’s intention:Aside of the well-being of family members, some Muslims are looking for a way on how to get a reward out of his own wealth. Thus, they intend to make a portion of his wealth dedicated to charitable causes or to be endowed (waqf) for religious purposes.This includes but not limited to orphanages, mosques, schools for underprivileged society etc. Therefore, wasiat is a powerful tool to facilitate the giver’s intention to perform the said intentions. All of these charity contributions and endowments are deemed as complimentary to fulfill one’s religious obligations to the society and shall eventually results to an endless rewards from Allah SWT.

In conclusion, it is important to understand that wasiat is an instrument to help and ease Muslims in managing and administering their wealth upon death. It has its own essence, traits, and functions that set it apart from the conventional counterpart. The practice of wasiat may vary among different Muslim communities and jurisdictions. Therefore, consulting with knowledgeable Shariah scholars or legal experts who are well-versed in Islamic law is advisable to ensure compliance with the appropriate guidelines and regulations.

Allah Knows the Best.

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