What is Syariah Law and Why Do Muslims with Properties in Singapore Abide by It for Property-Related Concerns?

Syariah law, also known as Islamic law, is a comprehensive legal system derived from the Quran, the Hadith (sayings and actions of the Prophet Muhammad), and centuries of Islamic jurisprudence. It governs various aspects of a Muslim’s life, including family, finance, and property matters.

In Singapore, Muslims often adhere to Syariah principles for property-related concerns to ensure their actions align with their faith. Here, we explore what Syariah law entails and why it holds significance for Muslims managing their properties in Singapore.

What is Syariah Law?

Syariah law encompasses moral and ethical guidance that regulates personal and communal conduct. It provides a framework for managing financial and property transactions in a way that upholds Islamic values, such as fairness, justice, and the avoidance of elements deemed impermissible (haram) under Islamic teachings. For property matters, Syariah law focuses on inheritance, ownership, and transaction practices that reflect these principles.

Why Do Muslims in Singapore Follow Syariah Law for Property Matters?

Singapore’s legal system respects the religious practices of its diverse population, including Muslims. While the state law governs property transactions and ownership, Muslims often follow Syariah law voluntarily to ensure compliance with their faith. Below are key reasons for adhering to Syariah principles in property-related matters:

1. Inheritance and Distribution (Faraid)

Under Syariah law, inheritance is distributed according to specific rules outlined in Faraid, which ensures a fair and equitable distribution among heirs. These rules prioritize immediate family members, such as spouses, children, and parents, and allocate shares based on their relationship to the deceased.

For instance, in the absence of a will (wasiat), Muslim-owned properties in Singapore are distributed according to Faraid. Even with a will, Muslims must ensure it aligns with Syariah principles by allocating up to one-third of their estate to non-heirs or charitable causes while preserving the Faraid rights of their heirs.

2. Avoidance of Riba (Interest)

Syariah law prohibits riba, or the earning of interest. This principle influences property financing decisions for Muslims in Singapore. To comply, many Muslims seek Islamic home financing solutions offered by banks or financial institutions that structure agreements without involving interest. These options often use concepts like Murabaha (cost-plus financing) or Ijara (leasing arrangements) to provide faith-compliant alternatives.

3. Trust and Ownership

Muslims may establish Islamic trusts (waqf) to preserve property for religious, charitable, or family purposes. A waqf ensures that the property serves a communal or familial benefit and is protected from unauthorized disposal. This aligns with the Syariah emphasis on protecting wealth and supporting societal well-being.

Syariah Law in the Context of Singapore’s Legal Framework

In Singapore, the Administration of Muslim Law Act (AMLA) governs Syariah-related matters, including inheritance, marriage, and divorce for Muslims. The Syariah Court handles cases related to Muslim personal law, while the civil courts oversee broader property transactions. This dual framework allows Muslims to address both their religious and legal obligations.

For example, while Muslims can distribute their properties via Syariah-compliant wills, the execution of these wills must adhere to Singapore’s Probate and Administration Act. This ensures that both religious principles and state laws are upheld.

Conclusion

Syariah law provides a structured, faith-based approach to managing property and inheritance matters for Muslims in Singapore. By adhering to its principles, Muslims ensure their actions align with their religious values while navigating the requirements of Singapore’s legal framework. Whether through inheritance distribution, interest-free financing, or the establishment of waqf, Syariah law remains an integral part of property-related decisions for the Muslim community.