ISLAMIC Wills: WHY YOU NEED ONE
(The objectives of Shari’ah )
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.
The main purpose of an Islamic will is to ensure that the estate is distributed in certain parts to certain family members. It is a legal document formulated in such a way that it meets the requirements of being treated under Islamic law. In the broadest sense, an Islamic will ensures that you divide your assets in a way that is in accordance with Sharia law, with at least two-thirds of the values corresponding to the requirements of the Mawarith program in the Quran and the remaining one-third corresponding to Sharia law. However, the drafting of Islamic wills requires careful drafting to be in conformity.
To ensure that you pay your debts under Islamic law, you must process and properly draft your Islamic wills with a lawyer who has experience in drafting them. In order to ensure the integrity of your estate and the validity of the Islamic will, it must be carefully examined by the executor and his team of experts.
The development of a proper Islamic will can help to ensure that the estate of a person is administered in such a way that it provides for the relatives after their death. Islamic Testaments are legal documents that can be formulated in such a way that they are compatible with Islamic law estate law and the US Constitution. With the help of Islamic Wills Trust, you can write an Islamic will to ensure that your assets are divided among family members in accordance with the rules outlined in the Quran.
It is recommended that the executor of your will is a Muslim man, and although male executors are not mandatory, similar criteria apply to all Muslims. If the will is deemed valid, it must be signed by two Muslim men who are 21 years or older and are not related to the recipient or any other person who has an interest in it.
You can ensure that your child is cared for by a Muslim by appointing him or her as the child’s guardian. It is also advisable that Muslim parents appoint a guardian for a minor child, rather than relying on a non-Muslim court to do so.
Drafting and preparing a will is particularly important to ensure that assets are distributed after death according to Sharia law. If you are writing your will in a will, you should be sure that you are writing it in a way that is legally binding in the US and that is in line with Islamic beliefs and Sharia law.
Therefore, your will must comply with American law in a way that is legally enforceable and includes all the necessary clauses to ensure that assets are distributed according to the Islamic rules of the Quran. A well-written Islamic will ensures that you do not pay more inheritance tax than you need to and that all your assets, such as property, cash, and other assets in your name, meet Islamic requirements.
In a non-Islamic will, a person can leave all his or her assets to whomever he or she wants, but in an Islamic will, the estate is divided up in accordance with the will. This means that wealth is distributed according to the gut rules that are part of Islam’s Sharia. Islamic will differ in that there are specific rules on what is in the will and who is entitled to what part of the estate.
In a broader sense, an Islamic will ensures that your assets are divided according to the Quran, with at least two-thirds of them following the instructions of the Mawarith (the Quran timetable). If you do not have an Islamic will your wealth is unlikely to be evenly distributed, as the complicated requirements of both the Mawarsith and the Quran are unlikely to be met, and this means that your wealth may be distributed differently, based on gut rules different from those of Islam (which introduces Sharia).
The development of a proper Islamic will can help to administer a person’s estate in such a way that it provides for relatives after their death. In their experience, the Islamic Wills Trust ensures that the will does not fall on the wrong side.
The rules are different from those of Islamic law in the United States, which means Muslims must consult a professional legal service if they want to write an Islamic will in America. This article is for informational purposes only and you should not rely on the fact that you are writing an “Islamic” or “Muslim” will or testament. To understand the above general guidelines for Testament-Making, let us now look at how an Islamic will is written. Unlike the Quran, valid Islamic wills can contain instructions to prevent voluntary autopsies, as required by American law.
If you do not have an Islamic will, your assets will be divided in accordance with the will and probably not meet the complicated requirements of Mawarith (the Quran schedule). If you distribute the estate in your will, you should refer the matter to a Muslim who is familiar with Islamic inheritance law.
Why Do You Need An Islamic Wills?
There are several compelling reasons why every Muslim in the United States should write proper Islamic Wills.
Reason #1: 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)
Reason #2 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)
Reason #3: it makes financial sense:
With Islamic Wills, you can avoid unnecessary family disputes, making a will is far cheaper and can avoid a financial headache for your family. Generally, it takes a shorter time and reduced legal fees to settle an estate with a valid Islamic will.
Reason #4: 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.
Reason # 5: Legal way to bind your will and provide guaranteed protections
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.
Reason # 6 Keeping up-to-date financial records
Writing a will also provide a secondary benefit to you and your family: an up-to-date record is kept of your assets and debts for the calculation of your Zakat every year. It will be a great help later to your executor, who will need a list of your assets and liabilities.
Islamic Inheritance is built on a solid foundation that does not exist in any other inheritance system. Its foundation is based on the following broad principles:
- Al-Wasiyyah: A middle-course system that is justly balanced in comparison to the capitalist and communist systems. Individual ownership is recognized and guaranteed through Islamic inheritance law.
- Al-Tawazun: A system that provides for the wealth owner to give a maximum of 1/3 of his wealth to individuals and charitable organizations through Wasiyyah and the remaining 2/3 as an inheritance for heirs according to Islamic inheritance law.
- Al-Adalah: A fair and just system of distribution of inheritance to heirs. The inheritance rights of women and children are guaranteed; a child and an adult in the same category receive equal shares.
- Al-Ijbar: A system that necessitates that all beneficiaries receive an inheritance through Faraid, which is in the following order of priority: first to Dhul Furud (primary Heirs), then to Asabah (secondary, closest male relatives), and then to Dhul Arham (uterine or distant relationships.).
- Shumul: All relatives are given the right to inheritance whether they are rich or poor, old or young, even to the fetus in the mother’s womb. The husband and wife are entitled to receive a share through marriage even though they may not be blood relatives.
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.