Court ruling on fatwa

[MarrickG]

SINGAPORE'S highest court has ruled that a fatwa - a religious opinion on Islamic law issued by Islamic authorities here - will not bind the court to take the same view.

At best, it is considered only as an expert opinion - like those given by accident reconstruction engineers or forensic scientists in court.

The Court of Appeal made the ruling when it dismissed a move by the administrators of the estate of Mr Obeidillah Salim Talib to declare that a half share of his apartment should be given to his estate for distribution to other beneficiaries like his nephews.

Under civil law, when a joint owner dies, the whole property goes to the surviving joint owner, regardless of his or her contribution to it.

The split is different under Muslim inheritance laws, which provide for half the property to be distributed to the dead owner's family members such as siblings and others.

The administrators of the estate went to the Islamic Religious Council of Singapore (Muis) in March 2007 to apply a fatwa to that effect.

About the case

BUSINESSMAN Obeidillah Salim Talib died without leaving a will five years ago. The condominium unit in Farrer Road, of which he and his wife were joint owners, was left to his wife.

However, administrators of the late Mr Obeidillah's estate took the issue to court, claiming half the property belonged to the estate.

They applied to the Islamic Religious Council of Singapore (Muis) for a fatwa and challenged the widow's claim to the whole flat. The fatwa stated that in accordance with Muslim law, half the property should be shared among other beneficiaries, including the late tycoon's nephews.