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

[2026] SGHC 104 High Court (General Division) 14 May 2026 • HC/S 761/2019 • 69 min read

19 cases cited (18 SG, 1 foreign)

Catchwords

Equity — Defences — Laches Succession and Wills — Construction Succession and Wills — Formalities of will Muslim Law — Madhab — Whether testator was Shafie or Hanafi Succession and Wills — Validity of will — Whether unduly suspicious circumstances were present Civil Procedure — Limitation — Whether s 22 of the Limitation Act applies to actions concerning wakafs Muslim Law — Charitable trusts — Revocability of wakafs — Whether the majority or minority Hanafi position ought to apply

Practice Areas

Equity Succession and Wills Muslim Law Civil Procedure

Judges (1)

Mohamed Faizal Delivered

Counsel (5)

Kirpal & Associates Firm Mallal & Namazie Firm Chua Boon Beng Counsel Defendant Kirpal Singh s/o Hakam Singh Counsel Plaintiff Namazie Mirza Mohamed Counsel Defendant

Parties (3)

Majlis Ugama Islam Singapura Defendant Fauziyah binte Mohd Ahbidin (Administratrix of the estate of Ahna Mohamed Kassim bin Ally Mohamed also known as Ana Mohamed Kasim bin Ali Mohamed also known as Ana Mohamed Kassim Bin Ali Mohamed, deceased) Plaintiff Fauziyah binte Mohd Ahbidin (Executrix of the estate of Mohamed Ahbideen Bin Mohamed Kassim @ Ahna Mohamed Zainal Abidin bin Kassim, deceased) Plaintiff

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.

Summary

The executrix of Mohamed Ahbideen bin Mohamed Kassim's estate sued Majlis Ugama Islam Singapura, challenging the validity and irrevocability of a wakaf constituted under the deceased's will, with disputed issues including which madhab applied, whether the will was validly executed, and whether the claims were time-barred or defeated by laches. The court addressed questions of Muslim law on the revocability of wakafs under both the majority and minority Hanafi positions, as well as undue influence and limitation under s 22 of the Limitation Act. The plaintiffs' claims failed, with the court declining to overturn the wakaf or grant the relief sought.

What legal questions about wakafs did the Singapore High Court decide in Fauziyah v MUIS 2026?

In [2026] SGHC 104, Justice Mohamed Faizal addressed whether a wakaf established under a will was revocable, applying either the majority or minority Hanafi position. He also considered whether the testator followed the Shafie or Hanafi madhab, whether the will was formally valid and free of suspicious circumstances, and whether laches or s 22 of the Limitation Act barred the claim.

Which statutes governed the wakaf dispute between Fauziyah binte Mohd Ahbidin and Majlis Ugama Islam Singapura?

The High Court in [2026] SGHC 104 applied the Administration of Muslim Law Act, the Limitation Act, and the Musalman Waqf Validating Act to resolve a dispute between Fauziyah binte Mohd Ahbidin — acting as executrix and administratrix of two estates — and Majlis Ugama Islam Singapura over the validity and revocability of a wakaf.

Statutes Cited

Administration of Muslim Law Act (Cap 3)

s 111(2)(a)

Limitation Act (Cap 163)

s 22

Musalman Waqf Validating Act

s 2

Cases Cited (19)

SG (3)

[2020] SGHC 123 [2025] SGHC(A) 15 [2026] SGCA 20

SLR (15)

[1995] 2 SLR(R) 394 [1997] 3 SLR(R) 649 [1998] 3 SLR(R) 369 [2006] 2 SLR(R) 458 [2007] 1 SLR(R) 453 [2007] 2 SLR(R) 417 [2010] 2 SLR 136 [2010] 4 SLR 373 [2012] 4 SLR 339 [2014] 3 SLR 277 [2016] 2 SLR 26 [2016] 2 SLR 301 [2016] 2 SLR 464 [2019] 1 SLR 908 [2020] 1 SLR 133

UK (1)

[1930] 1 Ch 407

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2026] SGHC 104)