Certificate inIslamic Estate PlanningConducted by the Muslim Financial Planning Association

www.muslimfinancialplanning.org.sg

22 September – 11 November 2012

Ì MAS FTS FuNdINgThe Monetary Authority of Singapore (MAS) administers Financial Training Scheme (FTS) grants to financial sector organisations that

sponsor eligible Singapore-based participants to training programmes that meet qualifying criteria.

For more details, please visit www.mas.gov.sg, or contact the MAS at 6229-9396 or fsdf@mas.gov.sg.

Ì INTroduCTIoNIssues and problems associated with the distribution of a Muslim’s estate have been in the news lately. This could be the result of the growing affluence of and the greater awareness amongst members of the Muslim community in Singapore on Islamic estate matters.

There is however a dearth of expertise in the area of Islamic estate planning to provide advice, counselling and solutions to meet the increasing demand for such service.

Ì METhodologyLecture, Case Studies, Discussions on Hypothetical Issues.

Number of hours

Classroom 60 hours +Examination 12 hours = 72 hours

Programme Fee(including Examination Fee):

$4,800

Examination: 12 hoursMCQ, Open-ended Questions and Case Study (3 hours per module)

The Certificate in Islamic Estate Planning will only be issued if the participant attains at least a score of 70% in the examination for each module. Those who obtain a score of less than 70% will have to sit for a re-examination of the relevant module. A re-examination fee of $300 per module is chargeable.

Ì objECTIvESAt the end of the programme, participants will be able to acquire the basic knowledge of Faraidh, Islamic estate planning instruments and the laws governing Islamic inheritance and estate distribution in Singapore, so that they are able to provide basic advice, counselling and solutions to meet the estate planning needs of their clients.

Ì TArgET PArTICIPANTSLawyers, Accountants, Financial Planners, Estate Planners, Islamic Religious Teachers and other Practitioners who are involved in providing advice and counsel to their clients in will writing and estate planning matters.

lIA CPd hourS:TuTorIAl: 48 HOuRS /

50% KnOwLEDgE;50% SKILLS

ExAMINATIoN:12 HOuRS /

100% KnOwLEDgE

ModulE 1

lAW oF INhErITANCE & ESTATE PlANNINg - ThE ISlAMIC PErSPECTIvE (24 HRS)ustaz Firdaus yahya & ustaz Mustazah bahari

SAT/SUN 22 – 23 SEPTEMBER & 6 – 7 OCTOBER 2012

1A The Concept of Islamic law of Inheritance (Faraidh) in the Quran and Sunnah (4 hrs)

• HistoricalbackgroundgoverningIslamiclawofinheritance• RelevantQuranicversesandthe“asbab”(reasons)forthe

revelations• Relevanthadithoninheritanceandthecircumstances• ConditionsforIslamicestatedistribution• Whyestatemaynotbedistributed• TypesofInheritance• IsitobligatoryfordistributiontobemadeaccordingtoFaraidh?• Roleandresponsibilitiesofheirs• Theconceptofihsan and rahmah in the estate distribution• Theconceptofbenevolencetoorphansandnon-waris• Testamentarygifttocharities

1b Introduction to Faraidh Calculation (16 hrs)• BeneficiariestoaMuslim’sestate

- Types of male and female beneficiaries

• Faraidhdivisions- Mother- Father- wife/wives- Son/s- Daughter/s

• SituationswhendeceasedsiblingsbecomeFaraidhheirs

• CasediscussiononFaraidhcalculation

• Variouscircumstancesoninheritanceissues- Missing heir- Illegitimate child- Adopted child- Foster parents- new Muslim- no Muslim heir

1C Islamic Perspectives to Estate Planning Instruments (4hrs)

- will- Hibah- nuzriah- Hibah Ruqba- Hibah Amanah- Trust- Letter of wishes- Others

ModulE 2

ISlAMIC ESTATE PlANNINg – rElEvANT STATuTES ANd INSTruMENTS (12 HRS)Moiz Tyebally / Suhaimi Salleh

SAT/SUN 13 – 14 OCTOBER 2012

2A Application of relevant Statutes (4hrs)• AdministrationofMuslimLawAct• WillsAct• ConveyancingandLawofPropertyAct• CentralProvidentFundAct• GuardianshipofInfantsAct• InsuranceAct• TrusteesAct• Probate&AdministrationAct

2b deployment of legal & other Instruments (8hrs)

• Will(Wasiyyah)• Hibah(GiftInterVivos)• HibahRuqba(MutualGift)• Trust(Amanah)-Settlement&TestamentaryTrust• Nuzriah–NazarStatement• LettersofWishes• Consents&Renunciations• DeedsofGifts• LegalAssignments• TransferInstruments• StatutoryNominations(ofCPF)asNewIslamicTool• NominationundertheInsuranceAct• PowerofAttorney:GeneralPA,LastingPA,HDBPA

ModulE 3

ISSuES & CoNTrovErSIES IN ISlAMICESTATE PlANNINg & INhErITANCE (12 HRS) hairani Saban hardjoe

SAT/SUN 20 – 21 OCTOBER 2012

• TheWasiyyah- QuranicReference–IsaSecularWillPossibleForMuslims?- Distribution Rules under Faraidh- Harta SepencarianAsAValidClaim- Customary Law Origins- Shafeeg’s Case- Planning the 1/3rd disposable portion- Testamentary nuzriah- ValidityOfPostponementofDistributionUnderA

Testamentary Trust- Secular will For Muslims?

• Overviewofthe2009AmendmentsOfSection111oftheAMLA- To Retract or not To Retract

• ClaimsbyFaraidh beneficiaries- Intestacy&TheDefaultApplicationofFaraidh- Effect of Statutory nominations under The Central Provident

Fund Act and The Insurance Act- IssuesOnConstructive&ResultingTrusts

• TheIslamicConsent&Renunciation- Islamic&ContractualIssues-TheHussein Safdar’s Case- Practical Considerations

• LettersOfWishes- Short of A Contract? - In Trust Arrangements- Supplementary To A will

• GiftInter vivos of Personal Property- ‘Death-BedNazar’

• Fatwa & Nuzriah – legitimacy, validity, limitations & relevance- Categories Of Fatwas under AMLA - nuzriah –LimitationsOnUsage- Case Studies

• Waqaf under AMlA- Charitable Trusts- Sanctions- VestingIssues

ModulE 4

ProFESSIoNAl IjTIhAd & doCuMENTATIoN (12 HRS)hairani Saban hardjoe

SAT/SUN 10 – 11 NOVEMBER 2012

• Introduction

• BridgingTheSyariah–SecularismDivideThe Premise:- In a conflict situation, secular law generally prevails over

Islamic law- Selective application of Syariah applies under AMLA- Three types of MuIS Fatwas are prescribed under AMLA

Ì CourSE ouTlINE

- Case decisions on Muslim issues remain controversial- MuIS Fatwa on joint tenancy is of limited application- no impediment to combining Islamic and secular tools in

Muslim estate planning- AssetManagement&Protection–AdoptionofTrustStructures- Divestment&CostConsiderationsremaincreativeareasof

challenge in wealth planning and protection.

• SecularorSyariahApproach–IsThereAChoice?

• Will(Wasiyyah)- TestamentaryDispositionofImmovablePropertyBy

Muslims In The Context of Section 111 of AMLA- Application of Lex Loci Situs For Disposition Of Immovable

Property- ComplianceAsToForm&Execution- DispositionofPropertyByMuslims- Application of Lex Domicilii- Consents&RenunciationAsSupplementaryDocuments- Case-Laws

• Nazar&NuzriahUnderAMLA- Validation- MuIS Irsyad &Template- Testamentary&Non-TestamentaryCompliance

Requirements&Limitations

• HoldingsInRealEstate- Joint Tenancy As An Estate Planning Tool- Joint Tenancy under Islamic Law- MuIS Fatwa On Joint Holdings- Case-Laws

• TenancyInCommon–TheIslamicPerspective- Harta Sharikah- Presumptions In Partnership Holdings - Communal Property

• LifeInterestInImmovableProperty- Creation Of Life Interest under Islam- Life As An Estate Planning Tool - Case studies

• Gifts- Stamp Duty Issues- gift Inter vivos of Immovable Property- Giftsinconsiderationofmarriage–compliance

requirements&documentation- Hibah (gift inter vivos)- Hiba Ruqba (akin to but not quite a joint tenancy concept)- nuzriah/nazar- MuIS’s Irsyad and precedent form on nuzriah- Sanctioning&RegistrationRequirementsUndertheAMLA

• Planning&AdoptingTrustStructures- Comparative Table On Trust Structures- Corporate- Section90oftheTrusteesAct–ApplicationofLawof

Domicile- Syariah-compliant or Secular Deed Of Settlement?

• Personal- Secret Trusts- Testamentary Trusts - CharitableTrusts–Waqaf&NazarAm [sections 60, 70 of

the AMLA]• ClaimsAgainstTheEstate

- Harta Sepencarian OriginsInCustom&CurrentPractices Establishing The Claim Section 111 of AMLA using Statutory Declarations

- widow’s Claims- CPF- Statutory nominations under the Central Provident Fund Act- Insurance- Statutory nominations under the Insurance Act- Proper Discharge under Section 60 of the Insurance Act- Joint Accounts- Interpreting Section 59 of the CLPA- Joint Accounts, constructive and resulting trusts- Account Receivables- Islamic Perspective

Ì TRAINERS’PROFILES

hAIrANI SAbAN hArdjoELL.M(SINGAPORE)LL.B(HONS)SINGAPOREHairani Saban Hardjoe is an advocate and solicitor of the Supreme Court of Singapore. She has been in private legal practice since 1970 and is presently a consultant in the firm of Selvam LLC in joint law venture with Duane Morris LLP, Singapore. She graduated in law in 1969 at the then university of Singapore and obtained her LLM from the same university in 1983. She has authored several books for the profession and conducts legal workshops and training sessions in Singapore and in various ASEAn countries on legal topics including Contract Drafting, wills and Estate Planning, Real Estate and Intellectual Property. She has written several published articles including those touching on current issues and controversies in the administration and distribution of assets in the Muslim estate.

SuhAIMI SAllEh FCPA, FCMC, PMCSuhaimi Salleh is a certified public accountant and a certified management consultant with more than 30 years postgraduate experience. He has been in public accounting and management consulting practice for more than 20 years. He set up BarakahCapital Planners Pte Ltd in 2004 specialising in will writing, estate planning and estate distribution mediation services for Muslims. Suhaimi has also conducted numerous talks on Islamic estate planning for mosques, insurance agencies and organisations like MuIS, Singapore Islamic Scholars Association (Pergas) and Yayasan Mendaki. He has recently published the second edition of his book “Isu-IsuWasiat,Faraid&Hantapurakadispua”.HeisalsotheVicePresident of the MFPA.

uSTAZ FIrdAuS bIN yAhyAustaz Firdaus bin Yahya is the founder and manager of Darul Huffaz Learning Centre which specialises in Quranic studies. He is also the joint-owner and manager of Akademi Tahfiz a centre which offers daily classes on Quranic, Tahfizand Islamic subjects. A graduate in Arabic Language and Literature from Al-Azhar university, Firdaus has immersed himself in religious academia for the past 10 years. He holds a Masters degree in Quran and Hadith from the International Islamic university (Malaysia) and is currently awaiting his PhD conferment in the field of Islamic Science from the International Insitute of Islamic Thought and Civilisation. Firdaus has remained actively involved in

religious activities in Singapore and the region. He was a key member of the religious committee for the Singapore MuIS Halal Standard (SMHS) in 2005. He has written several books on the subjects of Quran and Faraid. His book ‘Huraian Ilmu Faraid’ is still being used as the standard textbook for Islamic diploma studies in Singapore. He is also the principal trainer for zakat workshops conducted by MuIS.

MoIZ TyEbAllyMoiz Tyebally is currently a senior associate at Harry Elias Partnership, after retiring as a Partner in 2011. In his 35- year long career he has been a businessman and lawyer. As a businessman he was involved in numerous multi-million deals both in the private and government sectors dealing in a wide varieties of items with more than 35 countries. He was the legal counsel for public listed company for 12 years and thereafter practiced as an advocate and solicitor focusing on Sharia - compliant transactions. Combining his business and legal expertise he has taught several modules in health law, Islamic Finance and Sharia law both to local students and foreign students. He has also served as director with a number of professional bodies and non-profit organisations. Moiz has a keen interest in public service and is active in various community-based outreach initiatives, including those which concern education issues, family matters and drug rehabilitation programmes.

uSTAZ MuSTAZAh bIN bAhArIUstazMustazahbinBahariisanexpertinsyariahmatters.Heisanappointed resource person for the Singapore Syariah Court and is memberoftheMUISAppealBoard.HegraduatedfromtheIslamicuniversity of Madinah with a degree in Syariah. He holds a Masters degree in Sunnah and Hadith from the universiti Kebangsaan Malaysia and is currently pursuing his PhD in Islamic Finance at the International Islamic university of Malaysia. Mustazah has been actively involved in the religious scene in Singapore for the past nine years,. He delivers speeches and teaches Islamic Studies at several local mosques and is a part-time lecturer at Perdaus and Pergas. He was executive Imam of Assyafaah Mosque from 2003 to 2008 and served as naib Kadi at the ROMM from 2005 to 2011. Mustazah has also written several booksonHadithandHaj.Hisbook“40HadithUntukOrangMuda”and“100HadithKompilasiE-AHAD”areusedasstandardtextbooksformosque madrasah students. He recently completed a new book titled “40HadisSeruanNabis.a.wKepadaUmatnya”.

Ì CourSE rEgISTrATIoN

registration closes on Friday, 7 September 2012.1. Please complete each section.2. Please complete a separate form for each delegate.3. Return this form to: Event Secretariat, Muslim Financial Planning Association c/o Intellitrain Pte Ltd, Level 16 Malacca Centre, 20 Malacca Street, Singapore 0486979 or Fax to +65 31515797 ( no 6 prefix)

1 rEgISTrATIoN dETAIlS:

FEE

Full CourSE FEE S$4,800.00

Note:1. Registration Fee includes breaks (f any), materials and assessment fees

dElEgATE dETAIlS – Please complete all detailsname (Prof/Dr/Mr/Mrs/Miss/Mdm):

NametoAppearonBadge:

name and Mailing Address of Organisation:

Designation:

* IC/Passport No.: + Email: + (Email required for confirmation of registration)

Tel number: Fax number:

Please indicate any special dietary, medical or other requirements:

2 PAyMENT dETAIlS ChEQuE bANk TrANSFEr/INTErNET bANkINg TElEgrAPhIC TrANSFEr

Cheque Payment details:Cheque payments should be made payable to “INTEllITrAIN PTE lTd”&arriveattheSecretariatofficewithyourcompletedregistrationformbeforethe closing date, Friday, 7 September 2012.

details for bank Transfer/Internet banking/Telegraphic Transfer:Account Name: Intellitrain Pte ltd | Account Number: 352-327137-5 | SWIFT Code: uovbSgSgBankDetails:UnitedOverseasBankLimited,80RafflesPlace,UOBPlaza1,Singapore048624Please email us at MFPA@intellitrain.biz after the T/T has been done for our follow-up with the bank. The registration fee must be received nett of all receiving and paying bank charges.

rEgISTrATIoN, rEFuNd & CANCEllATIoN PolICy1. Registration will be confirmed upon receipt of full payment accompanied by a duly completed registration form.2. The Organisers reserve the right to refuse to register or admit any participant, and to cancel or postpone the course.3. Equivalent substitute delegates are welcome at no additional charge, subject to our being informed in writing at least 5 working days in advance of such

substitution. 4. The Organisers will not entertain any request for a refund of fees. However a confirmed registrant who has paid the course fees in full but does not turn

up for the course will be entitled to collect a set of the materials provided.

dISClAIMErThe organisers reserve the right to cancel or postpone any course, change the venue or any of the other details published.

For rEgISTrATIoN ENQuIrIESFor any enquiries on registration, please contact: Intellitrain Pte Ltd, Level 16 Malacca Centre, 20 Malacca Street, Singapore 048979Tel: +65 62278097 | Fax: +65 31515797 ( no 6 prefix) | Email: MFPA@intellitrain.biz | website: www.intellitrain.biz/CIEP2012

Certificate in Islamic Estate PlanningConducted by the Muslim Financial Planning Association

22September–11November2012