What Is A Sharia Compliant Wills According To Islamic Law?

What Is A Sharia Compliant Wills According To Islamic Law?

Sharia law is a set of Islamic religious principles that govern various aspects of life. Sharia-compliant wills are wills that adhere to these principles. While the specifics of what Sharia-compliant wills must include varying depending on the interpretation of Sharia law, there are some general guidelines that must be followed.

• First and foremost, Sharia-compliant wills must be in accordance with the Quran, the holy book of Islam. This means that the will must not include any provisions that conflict with the Quran’s teachings.
• Additionally, Sharia-compliant wills must be witnessed by at least two Muslim adults who are not related to the person making the will.
• Finally, the will must be signed by the person making it in order to be valid.

Sharia-compliant wills can be used to provide for family members, distribute assets, and even appoint executors. While they may seem complex, Sharia-compliant wills can be an important tool for those who wish to adhere to Islamic law.

Islamic Law of Inheritance According To the Quran and Sunna In Islam, there are defined clear-cut rules for making a shariah-compliant will.  The science of shares regarding the rules governing inheritance is although somewhat complicated and needs proper assistance. A person who needs to create will first understand that adequate making for a will. He can do so by using sources like the Quran and Hadith. “miraath,” is an Arabic term that defines assets to be divided from the descendant’s property to his successors, as stated in Shariah. No, the question is what is the will and why it is essential.

Purpose of the creating will

The main aim of shariah-compliant wills is the proper distribution of wealth among the family. It is a Quranic verse that the children or parents have the right to get benefits. It is the portion that is ordained by Allah. Therefore, Muslims need to create a will if they have their properties and assets. Moreover, its purpose is to maintain family bonds. Plus, to prevent making any harsh decisions. It helps in an equal distribution of wealth. People don’t have the right to inherit or disinherit a family member. They have to make a will that shows an equal distribution of the assets among the members.

Shariah Law for Will and Estate Planning

Distribution of wealth according to law

Sharia Compliant Wills are those that are in compliance with the Sharia, or Islamic Law. Sharia is a set of principles that govern all aspects of Muslim life, including marriage, divorce, Inheritance, and business transactions. In the case of inheritance, Sharia dictates that certain relatives must be given preference over others. For example, a Sharia Compliant Will may give a larger share of the estate to a husband than to a wife. In addition, Sharia may also dictate how property is to be divided among children of different genders. As such, it is important to consult with a Sharia scholar when drafting a Sharia Compliant Will.

In the Quran, Muslims can learn how to distribute wealth and property.  Although it is not simple to understand. It is better to seek guidance from Islamic scholars who can clearly define various terms regarding shariah-compliant wills and distribution procedures. Moreover, one can get guidance from the various Hadith quoted from time to time or learn of the proper distribution of wealth. The specific rules or procedures for Shariah-compliant wills are

First, it is the heir’s right to clear the payment of the debts and expenses that must not be remaining until the death of the decedent’s death.

After that, the calculation of the whole wealth is to be made to distribute among the successors.

The property is distributed in a way that all members, including wife, daughter, and son, get the wealth according to the Shariah.

What if the will is not created before death?

In case, if the person has not created his will, then the heir can claim in court that will distribute the property according to the principle of the shariah-compliant will. Along with spouses, children, parents, and other family members following cannot become part of the inheritance.

• Non-muslim friend
• Illegitimate or adopted children
• A person murdered to get the property
• Divorced women cannot claim the property of their ex-husband.

The court, after reviewing the situation, makes a list of eligible members and distributes the wealth according to Shariah-compliant wills laws. It is his duty first thoroughly to understand the situation, call members liable for getting a will, and then make a decision as quoted in the Islamic rules.

Want To Get Shariah Compliant Will Written By A Consultant? Fill out The Form Below:

Application Form will

PART A: Personal details - Step 1 of 10

PART A: personal details

Name *

First

Last

Date of Birth *

U.S. Citizen

• Yes
• No

Spouse

First

Last

Spouse Date of Birth *

Enter Spouse Date of Birth

U.S. Citizen

• Yes
• No

Address *

Address Line 1

City

State / Province / RegionAlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingState

Zip Code

Name of your County / City ?

Email *

Phone *

Next

PART B: family members
1 - Details of your children and grandchildren

Full name of child 1

Please enter the name of your child or grandchild

Date of birth

Please enter the DOB of this person

Gender

• Male
• Female

Address

Only enter the address if it is diffrent then yours

Full name of child 2

Please enter the name of your child or grandchild

Date of Birth

Please enter the DOB of this person

Gender

• Male
• Female

Address

Only enter the address if it is diffrent then yours

Full name of child 3

Please enter the name of your child or grandchild

Date of Birth

Please enter the DOB of this person

Gender

• Male
• Female

Address

Only enter the address if it is diffrent then yours

Full name of child 4

Please enter the name of your child or grandchild

Date of Birth

Please enter the DOB of this person

Gender

• Male
• Female

Address

Only enter the address if it is diffrent then yours

2 - Details of your parents

Husband's Fathers full name

Please enter the name of husband's Father

Fathers address

Only enter the address if it is diffrent then yours

Husband's Mothers Full name

Please enter the name of Husband's mother

Mothers address

Only enter the address if it is diffrent then yours

Wife's Fathers full name

Please enter the name of Wife's Father

Fathers address

Only enter the address if it is diffrent then yours

Wife's Mothers Full name

Please enter the name of Wife's mother

Mothers address

Only enter the address if it is diffrent then yours

4 - Details of siblings (brothers and sisters), and including half siblings

Number of Brother(s) for Husband

Number of sisters(s) for Husband

Number of brother(s) for Wife

Number of Sisters(s) for Wife

Next

PART E: Appointment of Guardians
Please indicate who you would like to act as Guardian(s) for your children in the event that both parents die before they reach the age of 18.

1st Guardian Fullname

Enter First Guardian Fullname

1st Guardian Relationship

Enter First Guardian Relationship

1st Guardian Address

Enter First Guardian Address

Phone

Email

Please also provide details of substitute Guardian(s) should your original appointees become unable to carry out this role.

2nd Guardian Fullname

Enter Second Guardian Fullname

2nd Guardian Relationship

Enter Second Guardian Relationship

2nd Guardian Address

Enter Second Guardian Address

Phone

Email

Next

3 - If any of your parents have passed away, please provide details of your grandparents

Husband's Primary Physician Name

Please enter the Husband's Primary Physician

Husband's Primary Physician Address

Husband's Primary Physician Address

Husband's Primary Physician Phone #

Please enter the Husband's Primary Physician Phone#

Would you like your agent to have the power the direct your health care providers to withdraw or withhold life-prolonging procedures?

• Yes
• No

Would you like your agent to have the power the direct that artificially administered food and water be withdrawn or withheld?

• Yes
• No

Do you want to give your agent the authority to carry out your wishes for organ, tissue or body donation after your death?

• Yes
• No

Choose the statement the best expresses your wishes Please chose one

• I consent to an autopsy
• I do not consent to an autopsy
• My agent may give or refuse consent to an autopsy

Choose the statement that best expresses your preferences

• I have already made arrangements or signed a document expressing my wishes for burial or cremation that my agent should follow.
• I want my agent to decide whether my body will be buried.
• I do not authorize my agent to make decisions about burial.

You can express detailed wishes about donating your organs, tissues or body.

• I have already made arrangements or signed a document expressing my wishes for organ, tissue or body donation, which my agent should follow.
• I want to leave instructions about organ, tissue or body donation in the document
• I do not want to donate my organs, tissues or body after my death
• I want my agent to decide whether or not to donate my organs, tissues or body after my death.

Specifying your Health Care Wishes

• I want my agent to make all treatment decisions for me.
• I want to specify my wishes for medical treatment. I understand that my agent will make decisions for me on matters I do not address.

End-Of-Life Decisions for Husband.

• Prolong Life as long as possible within the generally accepted health care standards.
• My agent should ask," is the proposed treatment an aid to recovery or merely a prolongation of inevitable death". Do not prolong my life if:

BURIAL WISHES
please provide details in the details.

At my death, I wish to be buried at.

Wife's Primary Physician Name

Wife's Primary Physician Name

Wife's Primary Physician Address

Wife's Primary Physician Address

Wife Primary Physician Phone #

Please enter Wife's Primary Physician Phone #

Would you like your agent to have the power the direct your health care providers to withdraw or withhold life-prolonging procedures?

• Yes
• No

Would you like your agent to have the power the direct that artificially administered food and water be withdrawn or withheld?

• Yes
• No

Do you want to give your agent the authority to carry out your wishes for organ, tissue or body donation after your death?

• Yes
• No

Choose the statement the best expresses your wishes Please chose one

• I consent to an autopsy
• I do not consent to an autopsy
• My agent may give or refuse consent to an autopsy

Choose the statement that best expresses your preferences

• I have already made arrangements or signed a document expressing my wishes for burial or cremation that my agent should follow.
• I want my agent to decide whether my body will be buried.
• I do not authorize my agent to make decisions about burial.

You can express detailed wishes about donating your organs, tissues or body.

• I have already made arrangements or signed a document expressing my wishes for organ, tissue or body donation, which my agent should follow.
• I want to leave instructions about organ, tissue or body donation in the document
• I do not want to donate my organs, tissues or body after my death
• I want my agent to decide whether or not to donate my organs, tissues or body after my death.

Specifying your Health Care Wishes

• I want my agent to make all treatment decisions for me.
• I want to specify my wishes for medical treatment. I understand that my agent will make decisions for me on matters I do not address.

End-Of-Life Decisions for Husband.

• Prolong Life as long as possible within the generally accepted health care standards.
• My agent should ask," is the proposed treatment an aid to recovery or merely a prolongation of inevitable death". Do not prolong my life if:

BURIAL WISHES
please provide details in the details.

At my death, I wish to be buried at.

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PART C: Your Assets
If you answer 'Yes' to any of the following questions please provide details in the details box on the right.

Do any of your beneficiaries have a learning disability, special educational, medical or physical needs?

• Yes
• No

Do you have any relatives (other than children) who depend on you for all or part of their support?

• Yes
• No

Do you think any of your beneficiaries have special problems with spouses, drugs, alcohol or handling money?

• Yes
• No

Do you have an existing Marital Property Agreement?

• Yes
• No

Do either of you expect to inherit substantial assets ($100K +)?

• Yes
• No

Is your estate worth more than $1,000,000? (Current inheritance tax threshold):

• Yes
• No

If a beneficiary dies prior to the second spouse’s death, do you want the assets to go to that beneficiary’s issue (children)?

• Yes
• No

Do you want assets passing to your beneficiaries to be held in trust until a specific age or ages?

• Yes
• No

Do you have existing Wills?

• Yes
• No

Do you have any existing trusts?

• Yes
• No

Are you a director of a company or a partner in a firm?

• Yes
• No

Are you a beneficiary of a trust, whether or not you receive income from it?

• Yes
• No

Do you own any foreign property including bank accounts?

• Yes
• No

Do you own any agricultural assets?

• Yes
• No

Do you own your home?

• Yes
• No

Are you

• Sole owner of own house
• Joint tenant
• Tenants in common

Name of co-owner

Your share

Further details

Enter Further detail of your assets

SCHEDULE OF ASSETS
The schedule of assets should sufficiently identify the asset, but should not state values. For example, on bank accounts you would list the name of the bank and the account number, but you would not list how much money is in the account.

Real Estate Owned
only complete this section for the trust. list of all the properties you own

Address, City, State

Address, City, State

Address, City, State

Securities Owned
list of all the Securities you own

List of assets

Assets

Assets

Bank Accounts
list of all the Bank Accounts you own

Bank Name and Address:

Account Number

Bank Name and Address:

Account Number

Bank Name and Address:

Account Number

Other AssetsA
list of any other assets you own

Assets

Assets

Assets

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PART D: Appointment of Executors
It is recommended that you appoint at least two Executors especially if you have children under 18 years of age.

1st Executors Fullname

Enter First Executors Fullname

1st Executors Relationship

Enter First Executors Relationship

1st Executors Address

Enter First Executors Address

Phone

Email

2nd Executors Fullname

Enter Second Executors Fullname

2nd Executors Relationship

Enter Second Executors Relationship

2nd Executors Address

Enter Second Executors Address

Phone

Email

You may wish to appoint substitute Executors in the event that the original Executors cannot act for you for whatever reason.

1st Substitute Executors Fullname

Enter First Substitute Executors Fullname

1st Substitute Executors Relationship

Enter First Substitute Executors Relationship

1st Substitute Executors Address

Enter First Substitute Executors Address

Phone

Email

2nd Substitute Executors Fullname

Enter Second Substitute Executors Fullname

2nd Substitute Executors Relationship

Enter Second Substitute Executors Relationship

2nd Substitute Executors Address

Enter Second Substitute Executors Address

Phone

Email

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1st Power of Attorney Full Name

Enter 1st Power of Attorney Full Name

1st Power of Attorney Address

Enter 1st Power of Attorney Address

Phone

Enter 1st Power of Attorney Phone

2nd Power of Attorney Full Name

Enter 2nd Power of Attorney Full Name

2nd Power of Attorney Address

Enter 2nd Power of Attorney Address

Phone

Enter 2nd Power of Attorney Phone

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PART F: Distribution of 1/3rd of your estate
Please give details of any gifts – maximum of 1/3 of your estate - which you may wish to leave to those not automatically entitled to a share under the Qur'an. This can include gifts to charitable organisations and non Muslim relatives.

First Person

1. Full name of person/charity

Enter Full name of person/charity

Amount/percentage:

Enter amount/percentage:

Address

Enter Address

Relationship

Enter Relationship

Second Person

2. Full name of person/charity

Enter Full name of person/charity

Amount/percentage

Enter amount/percentage:

Address

Enter Address

Relationship

Enter Relationship

Third Person

3. Full name of person/charity

Enter Full name of person/charity

Amount/percentage

Enter amount/percentage:

Address

Enter Address

Relationship

Enter Relationship

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PART G: Funeral Instructions
Our Wills contain provisions for you to have a Muslim burial. If you would like to leave specific instructions on funeral, burial and condolence these can be incorporated in a letter of wishes. Please specify your instructions below.

Please Accept if you would like to use our standard letter of wishes which is in accordance with the Sunnah of our beloved Prophet Muhammad (may the peace and blessings of Allah be upon him) *

• accepted

Specific instructions on funeral

Next

PART Approving our services
I agree to pay all the estate planning services fees in full prior to the document’s preparation. I agreed that the fee for services will not be refunded in case of terminating the services contract after document are completed by any reason. This contract contains the whole agreement between us about our relationship with each other and our legal fees and expenses. It will not be changed unless you and we both agree and sign any changes. It will legally bind anyone, such as heirs or legal representatives who replace either you or us, but it does not legally bind other lawyers. If you are satisfied with this contract, please sign and date both copies and return one of them to us. Keep one for your records. If there is anything you do not agree with, or if there is anything you would like to discuss before signing, please call or write us.

PART I: Declaration

Declaration

• I consent to Islamic Wills & Trust acting on my behalf in order to prepare my Will in accordance with the instructions I have provided herein.
• I confirm that the information that I have provided is correct and complete and represents my wishes.

Your Name *

Date of will

Phone

Submit