Syariah Court’s jurisdiction
The Syariah Court may issue an Inheritance Certificate on the application of a person who claims to be a beneficiary of the estate of a deceased person, as to who is entitled to share in the estate of the deceased person, and the shares to which they are respectively entitled. The Inheritance Certificate is issued based on a set of facts provided by the applicant. The Syariah Court does not hear evidence and does not make findings on any question of fact.
The Inheritance Certificate facilitates the distribution of the deceased’s estate according to Muslim law. It may be required by the Public Trustee or for the purpose of making an application for a Grant of Letters of Administration or a Grant of Probate at the Family Justice Courts .
An applicant for Inheritance Certificate must have an understanding of faraid or the Islamic law on inheritance.
Faraid is known as the Islamic law on inheritance. It deals with the distribution of assets (the estate) of a deceased person to his heirs in accordance with Allah’s decree in the Holy Al-Quran and according to hadith or tradition of the Messenger of Allah. In Arabic, it is known as ‘Al-Faraid’ which literally means fixed portions. Technically, the term denotes the quantum of shares allocated to the lawful heirs as determined by Shari’ah.
Reference to MUIS reading material
Faraidh - The Islamic Law of Inheritance (English - pdf, 7729 KB)