Inheritance & wills in Brunei

The Religious Council Act (Majlis Ugama Islam, Adat Istiadat dan Mahkamah Kadi) Cap. 77 applies classical Sunni Shafi‘i faraid for Muslims via the Syariah Courts. For estate administration the Probate and Administration Act Cap. 11 governs procedure. Non-Muslim residents fall under the Civil Code.

A wasiyyah is permitted up to one-third of the net estate, in writing, signed by the testator and witnessed by 2 adult Muslim males of upright character. Notarisation at the Syariah Court Registry is standard.

Syariah Court Registry of the Ministry of Religious Affairs (Kementerian Hal Ehwal Ugama). Wills are sealed and opened by the Court after death.

2 adult Muslim male witnesses (or 1 male + 2 female). Witnesses must be of established righteousness (ʿadalah).

Collecting authority

Majlis Ugama Islam Brunei (MUIB) — Bahagian Zakat

Tax relief

No income tax in Brunei. Zakat al-mal is mandatory for adult Muslim citizens and channelled via MUIB.

Maximum relief

N/A (no income tax)

Notes

MUIB publishes the Nisab and per-head Zakat al-Fitr in BND each Ramadan. Eight Quranic categories of recipients (asnaf) are administered through MUIB welfare programmes. Sultan Hassanal Bolkiah personally launches the annual collection drive.

None — classical Shafi‘i faraid is applied directly by the Syariah Court.

Syariah Court issues the Surat Pengesahan Pusaka (Inheritance Certificate). Bank releases, land registry transfers and EPF / TAP retirement-fund disbursements follow the certificate.

The State Mufti issues annual fatwas on disputed inheritance cases. Religious Council guidance is binding on Syariah Court judges. Brunei follows the Shafi‘i school as its official madhhab.

• Singapore-domiciled assets fall under Singapore’s Administration of Muslim Law Act — file separately at MUIS / Syariah Court Singapore.
• TAP and SCP pension fund nominations must be aligned with the wasiyyah, otherwise the nomination overrides faraid.

• Ministry of Religious Affairs (Brunei)
• State Mufti Department

• Is Islamic inheritance (faraid) legally recognised in Brunei?

  The Religious Council Act (Majlis Ugama Islam, Adat Istiadat dan Mahkamah Kadi) Cap. 77 applies classical Sunni Shafi‘i faraid for Muslims via the Syariah Courts. For estate administration the Probate and Administration Act Cap. 11 governs procedure. Non-Muslim residents fall under the Civil Code.

• What makes an Islamic will (Wasiyyah) legally valid in Brunei?

  A wasiyyah is permitted up to one-third of the net estate, in writing, signed by the testator and witnessed by 2 adult Muslim males of upright character. Notarisation at the Syariah Court Registry is standard.

• Where do I register my will in Brunei?

  Syariah Court Registry of the Ministry of Religious Affairs (Kementerian Hal Ehwal Ugama). Wills are sealed and opened by the Court after death.

• Does Brunei have forced-heirship rules that override an Islamic will?

  None — classical Shafi‘i faraid is applied directly by the Syariah Court.

• How does probate work in Brunei?

  Syariah Court issues the Surat Pengesahan Pusaka (Inheritance Certificate). Bank releases, land registry transfers and EPF / TAP retirement-fund disbursements follow the certificate.

• How many witnesses do I need for a will in Brunei?

  2 adult Muslim male witnesses (or 1 male + 2 female). Witnesses must be of established righteousness (ʿadalah).

• What are the most common Islamic-will pitfalls in Brunei?

  Singapore-domiciled assets fall under Singapore’s Administration of Muslim Law Act — file separately at MUIS / Syariah Court Singapore. TAP and SCP pension fund nominations must be aligned with the wasiyyah, otherwise the nomination overrides faraid.