What is an Islamic Will?

The Islamic Wills According to Islamic and State Laws for Muslims in United State.

This may seem like a monumental task, especially for Muslims who are obliged to follow American law, as they are legally bound by American law. By keeping a last Will and Testament, you can ensure that your Islamic will is in accordance with the laws of your religion, and the services provided here can help you with that. It will help you understand who can benefit from your assets, as the Quran requires, and ensure that the will is valid in your country of residence under Sharia law. The proper written Islamic wills remain legally binding under United State law, too.

Unlike most other legal systems, Sharia law recognizes certain standards, rules, and practices regarding the transfer of estates by will. The Islamic will is a legal document written in a way that is consistent with the Quran and Sharia. The development of an Islamic well requires an Expert who can show you several possible contingencies that can be planned to ensure that the property is compatible with both the Quran, Sharia law, and the law of the land (USA).

 

Create a will that fulfills your Islamic obligations in accordance with Sharia law.

At Islamic Wills Trust Services, our primary objective is to ensure the proper distribution of an estate among specific family members. An Islamic will serves as a legally binding document that adheres to the principles of Islamic law. In essence, it ensures that your assets are divided in accordance with Sharia law, with at least two-thirds of the value allocated according to the guidelines outlined in the Quran’s Mawarith program, and the remaining one-third distributed according to Sharia law. However, careful drafting is essential to ensure compliance.

Creating a comprehensive Islamic will is crucial for the effective administration of your estate and providing for your loved ones after your passing. Islamic wills are legal documents that can be crafted to align with both Islamic law and the US Constitution’s estate laws. With the assistance of Islamic Wills Trust, you can draft an Islamic will that guarantees the fair division of your assets among family members, as dictated by the Quran.

Appointing a Muslim guardian for your child can ensure their proper care and upbringing, rather than relying on a non-Muslim court to make such decisions.

When drafting your will, it is essential to ensure that it complies with US law to be legally enforceable and includes all the necessary clauses to align with Islamic beliefs and Sharia law. A well-crafted Islamic will not only ensures the appropriate distribution of assets but also minimizes inheritance tax obligations. It covers various assets, including property, cash, and other possessions registered under your name, ensuring they meet Islamic requirements.

On a broader scale, an Islamic will guarantees that your assets are divided in accordance with the Quran, with at least two-thirds following the instructions of the Mawarith. Failing to have an Islamic will may result in an uneven distribution of your wealth, as the complex requirements of the Mawarith and the Quran are unlikely to be met. Consequently, your wealth may be distributed based on rules that differ from those dictated by Islam, disregarding Sharia principles.

Crafting a proper Islamic will helps safeguard your estate, ensuring provision for your relatives in the event of your passing. By relying on the expertise of Islamic Wills Trust, you can rest assured that your will remains within the appropriate framework.

It is important to note that the legal rules in the United States differ from those of Islamic law, necessitating the consultation of professional legal services when drafting an Islamic will in America. This article serves as informational guidance, and it is crucial not to solely rely on the notion of creating an “Islamic” or “Muslim” will. To gain a better understanding of the general guidelines for will-making, let us explore the process of drafting an Islamic will. Valid Islamic wills can include provisions to prevent voluntary autopsies, as required by American law, unlike the Quran.

Without an Islamic will in place, your assets will be distributed based on the will or other legal determinations, likely failing to fulfill the intricate requirements of the Mawarith. If you intend to distribute your estate in accordance with your will, it is advisable to consult a knowledgeable Muslim familiar with Islamic inheritance law.

Islamic Wills: Why You Need One

An Islamic Will is more than just a piece of legal documentation—it’s an expression of your faith, a testament to your life, and an embodiment of your wishes beyond your existence. It’s your personal voice echoing through time and space, reaching out to those you leave behind, ensuring your legacy, both spiritual and material, is protected and carried forward in accordance with Islamic principles.

Fulfill a Prescribed Islamic Duty.

• Qur’an: it is an obligation for Muslims to write a will:

It is decreed for you: when death approaches any of you and he is leaving wealth, to make a testament in favor of the parents and the closest relatives, fairly and correctly a duty upon the righteous ones. (Qur’an 2: 180)

 

There is a share for men and a share for women from what is left by parents and those nearest relatives, whether the property is small or large – a legal share. (Qur’an 4:7)

 

Therefore, it is mandatory for every Muslim that the will contains the shares as specified in these verses.

• Hadith: The Prophet Muhammad (peace be upon him) has also advised us to make a will. Abdullah bin ‘Umar states that the Prophet (peace be upon him) said:

 

It is not permissible for any Muslim who has something to will, to sleep two consecutive nights without having his last will and testament written and kept ready with him.

(Sahih Al-Bukhari Book 55: Book of Wills and Testaments, 2738)

The consequences of a wrong will

The Prophet (peace be upon him) Said:

A man May do good deeds for seventy years but if he acts unjustly when he leaves his last testament, the wickedness of his deed will be sealed upon him, and he will enter the fire. If (on the other hand), a man acts wickedly for seventy years but is just in his last will and testament, the goodness of his deed will be sealed upon him, and he will enter the garden.” (Abu Dawud, 17 Book of Wills, Chapter 3,2867)

 

Prevent the law of intestacy

Your valid Islamic will prevents the law of intestacy and the court from assigning an executor and guardian for your minor children and deciding the distribution of your estate. The right of disposing of your estate according to your own religious requirements can be exercised only by making a valid Islamic will.

Legal way to bind your will and provide guaranteed protections

Protect Yourself

Your Islamic will ensures your wealth is distributed in accordance with the Islamic law of Inheritance for the purpose, of your trustworthy friend or relative who is appointed as the executor of your will can deal with and fulfill your last obligations.

Protect Your Family

Your Islamic will ensure your family receives their “legal Islamic share” according to the Islamic law of inheritance without the hassle or costs of the probate court deciding for you.

Protect Your Children

Your Islamic will allows you to appoint a guardian for your children under 18 years of age. No one loves their children more than the parents, and if there is no valid will and last testament, the state probate court will decide who should care for minor children (it may be a non-Muslim guardian). You can choose a guardian for your children in your will and make sure they are looked after by someone you trust.

Protect your Body

Your Islamic will directs that your body is not subjected to embalmment, an unnecessary postmortem examination, or unnecessary transporting to a foreign country. You will state that you wish to have a Muslim funeral and burial.

Protect you Obligations

Your Islamic will include provisions for the payment of debts and outstanding religious obligations such as unpaid Mahr (obligatory gift to wife), unpaid Zakat (compulsory charity), unperformed Hajj, Fidya (compensation for missed fasts in Ramadan), and Kuffarah (compensation for omitted acts of worship)

Protect Your Future

Your Islamic will allows you to take up to 1/3 of your wealth for bequests, investing it in Sadaqah Jariya, a charity that continues to be rewarded after death. The distribution of 1/3 of the estate is for those who are not entitled to any share, such as distant relatives, non-relatives, non-Muslims, and individuals and organizations engaged in charitable work.

 

The Importance of an Islamic Will

Fulfilling Your Obligations

An Islamic Will goes beyond asset distribution. It serves as a platform for fulfilling religious obligations like unpaid Zakat or unperformed Hajj, thus ensuring a clean slate for the hereafter.

Securing Your Legacy

Your Will keeps your legacy intact. It guarantees your hard-earned possessions pass onto your loved ones, exactly as you desire, adhering to the Shari’ah principles of inheritance.

Maintaining Family Harmony

In absence of a will, family disputes can arise. However, a well-structured Islamic Will can pave the way for peaceful resolution, promoting harmony among surviving members.

Components of an Islamic Will

Executor

This is someone you trust to carry out your wishes as stated in your will. They’ll ensure the distribution of your assets according to Islamic laws.

Beneficiaries

These are the individuals or organizations that will receive a portion of your estate. In an Islamic Will, beneficiaries are chosen in accordance with Islamic inheritance laws.

Distribution of Assets

This is the key component of any will. For an Islamic Will, the distribution must be in line with the Quranic injunctions regarding inheritance.

The Procedure to Make an Islamic Will

Creating an Islamic Will is like assembling a puzzle, and once all the pieces align, the picture becomes clear and complete. You’d need a trusted legal advisor with a firm grasp on Islamic inheritance laws to guide you through this.

Difference Between Islamic Will and Traditional Will

While a traditional will allows complete freedom in asset distribution, an Islamic Will adheres strictly to the Shari’ah principles. The variance underlines the importance of understanding the nuances of Islamic Wills.

Common Misconceptions about Islamic Wills

Contrary to popular belief,Islamic Wills are not rigid and inflexible. They allow a certain degree of personal discretion. Another misconception is that Islamic Wills are only for the wealthy. Truth be told, if you have any assets or responsibilities, an Islamic Will can serve as your final act of justice and compassion.

Frequently Asked Questions about Islamic Wills

1. Can a woman create an Islamic Will?

Absolutely! In Islam, both men and women have the right to create a will. Each person’s will is independent, allowing them to address their individual obligations and wishes.

2. What happens if I die without an Islamic Will?

In the absence of an Islamic Will, local laws will apply, which may not align with Islamic principles of inheritance, potentially leading to discord among the heirs.

3. Can I change my Islamic Will once it’s made?

Yes, you can. A will is not set in stone; it can be revised as circumstances change, ensuring it always reflects your most current wishes.

4. Is it necessary to involve a lawyer while creating an Islamic Will?

While it’s not necessary, it’s advisable to involve a legal professional who understands both civil law and Islamic principles, ensuring the will stands up in court and aligns with your faith.

5. What should be considered when choosing an executor for my Islamic Will?

Choosing an executor is a vital step. The person should be trustworthy, reliable, and have a good understanding of your wishes and Islamic inheritance laws.

6. Can I exclude someone from my Islamic Will?

Islamic Wills follow the Qur’an’s inheritance laws, which specify the shares of each heir. However, up to one-third of the estate can be bequeathed freely, offering some flexibility.

Conclusion

In essence, creating an Islamic Will is a sacred act of preserving one’s legacy, ensuring peace among surviving loved ones, and complying with one’s faith. By demystifying its components and significance, we hope to underline the vital role it plays in a Muslim’s life. Remember, leaving this world without an Islamic Will may leave your obligations unfulfilled and your loved ones in a bind. After all, it’s better to be safe than sorry.

If you would like to discuss making an Islamic will or Islamic Trust, please complete our free online inquiry form or call us to consult whether an Islamic will or Islamic Trust is suitable for you, you can fill out our free online inquiry form or call us at 1855-559-4557.

 

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