110. Nothing in this Act shall be held to prevent any Muslim person directing by his or her will that his or her estate and effects shall be distributed according to the Muslim law.
—(1) Notwithstanding anything in the provisions of the English law or in any other written law, no Muslim domiciled in Singapore shall, after 1st July 1968, dispose of his property by will, or by any nomination under section 49M(2) of the Insurance Act (Cap. 142), except in accordance with the provisions of and subject to the restrictions imposed by the school of Muslim law professed by him.
(2) Nothing in this section shall affect —
the provisions of the Probate and Administration Act (Cap. 251); or
the will of a Muslim dying before 1st July 1968.
—(1) In the case of any Muslim person domiciled in Singapore dying intestate, the estate and effects shall be distributed according to the Muslim law as modified, where applicable, by Malay custom.
(2) This section shall apply in cases where a person dies partly intestate as well as in cases where he dies wholly intestate.
(3) In the case of a Malay dying intestate, the court may make an order for the division of the harta sepencarian or jointly acquired property in such proportions as to the court seems fit.
113. In all applications for probate or letters of administration the affidavit supporting the application shall, in the case of a deceased Muslim, state the school of law (Mazhab) which the deceased professed in addition to the particulars required by any other written law.
—(1) In deciding questions of succession and inheritance in the Muslim law, the court shall be at liberty to accept as proof of the Muslim law any definite statement on the Muslim law made in all or any of the following books:
The English translation of the Quaran, by A. Yusuf Ali or Marmaduke Pickthall;
Mohammedan Law, by Syed Ameer Ali;
Minhaj et Talibin by Nawawi, translated by E. C. Howard from the French translation of Van den Berg;
Digest of Moohummudan Law, by Neil B. E. Baillie;
Anglo-Muhammadan Law, by Sir Roland Knyvet Wilson, 6th Edition Revised by A. Yusuf Ali;
Outlines of Muhammadan Law, by A. A. Fyzee;
Muhammadan Law, by F. B. Tyabji.
(2) The Minister may on the advice of the Majlis by notification in the Gazette vary or add to the list of books set out in subsection (1).
—(1) If, in the course of any proceedings relating to the administration or distribution of the estate of a deceased person whose estate is to be distributed according to the Muslim law, any court or authority shall be under the duty of determining the persons entitled to share in such estate or the shares to which such persons are respectively entitled, the Syariah Court may, on a request by the court or authority or on the application of any person claiming to be a beneficiary and on payment of the prescribed fee, certify upon any set of facts found by such court or authority or on any hypothetical set of facts its opinion as to the persons who are, assuming such facts, whether as found or hypothetical, entitled to share in such estate and as to the shares to which they are respectively entitled.
(2) The Syariah Court may, before certifying its opinion, require to hear the parties on any question of law, but shall not hear evidence or make findings on any question of fact.
(3) In any case of special difficulty, the Syariah Court may refer the question to the Legal Committee for its opinion and shall, if such opinion be given, certify in accordance therewith.
116. In granting letters of administration to the estate of a Muslim dying intestate and leaving a widow or widows, the court may if it thinks fit grant letters of administration to any other next-of-kin or person entitled to the estate of the deceased under the Muslim law, either to the exclusion of the widow or widows, or jointly with such widow or widows, or any one or more of such widows.
—(1) When any woman, being the wife of a Muslim, dies intestate leaving property of her own and leaving male children above the age of 21 years —
such male children shall be entitled to a grant of letters of administration to her estate and effects in preference to her husband;
the husband shall be entitled next after such male children;
after such male children and the husband, the daughters, father, mother, brothers, sisters, uncles, aunts, nephews and nieces of the intestate shall be entitled in the order above set out; and
failing all the above, the next nearest of kin according to the Muslim law shall be entitled.
(2) Preference shall be given to male over female relationship of the same degree in the above cases.
(3) The children of the husband by other wives shall not —
be considered as next-of-kin to the deceased intestate wife; and
by reason of such relationship, be entitled to a grant of letters of administration to her estate and effects.
118. Subject to section 111, Muslim married women may, with or without the concurrence of their husbands, by will dispose of their own property.
—(1) All the property belonging to a woman on her marriage, whether movable or immovable and however acquired, shall after marriage to a Muslim husband continue, in the absence of special written contract to the contrary, to be her own property.
(2) She may dispose of the same by deed or otherwise, with or without the concurrence of her husband.
—(1) The following shall be deemed to be the property of a Muslim married woman:
wages and earnings acquired or gained by her during marriage in any employment, occupation or trade carried on by her and not by her husband;
any money or other property acquired by her during marriage through the exercise of any skill or by way of inheritance, legacy, gift, purchase or otherwise; and
all savings from, and investments of, such wages, earnings and property.
(2) Her receipt alone shall be a good discharge for such wages, earnings and property.
(3) She may dispose of the same by deed or otherwise and without the concurrence of her husband.
121. A Muslim married woman —
may maintain a suit in her own name for the recovery of property of any description which is her own property;
shall have in her own name the same remedies, both civil and criminal, against all persons for the protection and security of such property as if she were unmarried; and
shall be liable to such suits, processes and orders in respect of such property as she would be liable to if she were unmarried.
—(1) If a Muslim married woman possesses property, and if any person enters into a contract with her with reference to such property or on the faith that her obligation arising out of the contract will be satisfied out of her own property, that person shall be entitled to sue her and to the extent of her own property to recover against her whatever the person might have recovered in such suit if she had been unmarried at the date of the contract and remained unmarried at the execution of the decree.
(2) The husband shall not, in the absence of special stipulations whereby he has made himself responsible as surety, guarantor, joint contractor or otherwise, be liable to be sued on such contract.
(3) Nothing in this section shall annul or abridge the liability of a Muslim husband for debts contracted by his wife’s agency, express or implied.
(4) Such liability shall be measured according to the law for the time being in force in Singapore.
123. A Muslim husband shall not by reason only of his marriage be liable for the debt of his wife contracted before marriage, but the wife shall be liable to be sued for and shall to the extent of her own property be liable to satisfy such debt as if she were unmarried.
124. No Muslim person shall, by any marriage contracted in accordance with the provisions of the Muslim law, acquire any interest in the property of the person whom he or she marries nor become incapable of doing any act in respect of his or her own property which he or she could have done if unmarried.
125. When a Muslim husband and his wife or wives live together in the same house, the household goods, vehicles and household property of every description of the husband and wife or wives, except the paraphernalia of the wife or wives, shall be held prima facie to belong to the husband in any question between the husband and his creditors.