FAUZIYAH BINTE MOHD AHBIDIN (EXECUTRIX OF THE ESTATE OF MOHAMED AHBIDEEN BIN MOHAMED KASSIM @ AHNA MOHAMED ZAINAL ABIDIN BIN KASSIM) & Anor v MAJLIS UGAMA ISLAM SINGAPURA

Case Significance

Fauziyah bte Mohd Ahbidin (executrix) and another v Majlis Ugama Islam Singapura [2026] SGHC 104, delivered by Justice Mohamed Faizal of the High Court General Division on 14 May 2026, is a significant judgment at the intersection of Muslim law, wills and succession, and civil procedure. Fauziyah binte Mohd Ahbidin, acting as both executrix and administratrix of two separate estates, brought Suit No 761 of 2019 against Majlis Ugama Islam Singapura (MUIS) to challenge the validity and enforceability of a wakaf (Islamic charitable trust). The court examined multiple layered issues: whether the testator followed the Shafie or Hanafi madhab (which determines the applicable Muslim law rules); the formal validity of the will and whether unduly suspicious circumstances were present; the revocability of the wakaf under either the majority or minority Hanafi position; and whether the equitable defences of laches and statutory limitation under s 22 of the Limitation Act bar the claim. The judgment, citing 19 authorities (18 Singapore, 1 foreign) and applying the Administration of Muslim Law Act, the Limitation Act, and the Musalman Waqf Validating Act, is a rare High Court treatment of wakaf revocability. Kirpal Singh s/o Hakam Singh of Kirpal & Associates appeared for the plaintiffs; Namazie Mirza Mohamed and Chua Boon Beng of Mallal & Namazie appeared for MUIS.