HOW TO WRITE AN ISLAMIC WILLs
Sharia-compliant wills are an important way to ensure that your assets are distributed in accordance with Islamic law. Sharia is the body of Islamic law, and it contains detailed guidelines for managing finances and distributing assets. While many Muslims choose to follow Sharia out of religious conviction, others find that it provides a sound financial framework that can help to preserve their wealth. When Writing a Sharia-compliant will, it is important to consult with qualified Sharia scholars and Experts who can advise you on the best way to distribute your assets. In general, Sharia requires that assets be divided fairly among all heirs, though there may be some flexibility in how this is done. Once you have consulted with a Sharia Wills writing expert and determined how to distribute your assets, you should write a Sharia-compliant will that includes specific instructions for your executor. With a Sharia-compliant will in place, you can have peace of mind knowing that your assets will be handled in accordance with Islamic law.
Everything you own is known as your estate or property. Writing a will is important because it indicates who should get a certain portion of your possession. Money, gold, jewelry, a house, and even clothes can be distributed in a will. It is crucial in all communities for if you die without writing a will, the estate wills be divided as per the law and may not be according to your wish. Also, the absence of a will leads to court cases and fights for custody of the estate. Islam believes in equity, equality, and justice. And hence, writing an Islamic will is important.
Sharia-compliant wills are an essential part of estate planning for Muslims. Sharia is the Islamic law that governs all aspects of Muslim life, including inheritance. Under Sharia, certain assets must be distributed according to specific rules. For example, a Muslim husband must provide for his wife and children from his estate. As a result, Sharia-compliant will help to ensure that a person’s assets are distributed in accordance with their wishes and in accordance with Sharia law. Sharia-compliant wills can be complex, but they are an essential part of ensuring that a person’s estate is handled according to their wishes and in accordance with Sharia law.
Key components of an Islamic Wills
Sharia-compliant wills are an important part of many people’s lives. While the Sharia is the body of Islamic law, Sharia-compliant wills are created to adhere to the Sharia in order to be valid in an Islamic court. There are several key components that must be included in a Sharia-compliant will in order for it to be valid.
- First, the testator, or the person who is creating the will, must be of sound mind and have the capacity to understand what they are doing.
- Second, the will must be in writing and witnessed by two Muslim men who are of good character.
- Third, the Testator must declare their name and address, as well as their intentions for the will.
- Lastly, the Testator must sign the will in front of witnesses in order for it to be valid.
These key components ensure that a Sharia-compliant will is created correctly and can be used in an Islamic court.
An Islamic will distribution is different from the English version and must be keenly devised. It is important as:
- It is a religious task for everyone to divide everything one owns in their life to avoid disputes after the death
- The English rules for intestacy (no wills for an estate) are not ideal according to our religious laws. Therefore, if you live in a non-Muslim country, you should prepare an Islamic will before demise so the asset is distributed justly
- If your children are younger than 18, and your partner has died, you can provide them with a better future by choosing their legal guardians in the will.
The importance of inheritance in Islam and wills
Sharia-compliant wills are an important part of Islamic inheritance law. Under Sharia, Muslims are not allowed to disinherit their heirs. This means that if a Muslim dies without a will, their estate will be divided according to Sharia rules. Sharia-compliant Islamic will allow Muslims to make sure that their estate is distributed according to their wishes. Sharia-compliant wills can also help to avoid disputes between heirs. If a will is not Sharia-compliant, it may be challenged in court and the estate may be divided according to Sharia rules. This can lead to heirs receiving less than they would have otherwise received or even being completely disinherited. For these reasons, it is important for Muslims to make sure that their wills are Sharia-compliant.
An Islamic will is a legal document that decides everything about your estate and what will happen to it after your death. It is important as it may help your family avoid disputes. Without Islamic will, the division becomes laborious and stressful. And may remain undissolved for years. As talked about earlier, not having a will means that the law will divide your estate among your family and it may be not what you would have done.
One of the most important things that Muslims need to do is ensure that their financial affairs are in order. This includes making provisions for their loved ones in the event of their death. Sharia-compliant Islamic wills are an essential part of this process, as they provide a way to ensure that one’s assets are distributed in accordance with Islamic law. While the exact requirements for a Sharia-compliant wills vary depending on the country and school of thought, there are some general principles that must be followed.
- First and foremost, all debts must be paid off before any assets can be distributed.
- Secondly, certain family members (such as spouses and children) must be taken care of first.
- Finally, any charitable donations must be made in accordance with Sharia law.
By following these guidelines, Muslims can ensure that their financial affairs are in order and that their loved ones are taken care of after they passed away.
Proceeding with the formulation of a will
In cases, where you have a small family and you don’t intend to divide your assets among anyone other than your nuclear relatives, testaments are quite simple. In the presence of second families, or people, other than family, that depend on your financial help, proper planning is required. The living will in Islam is formulated in two major steps:
- Planning it out: talk to your family and friends about your idea of distribution and listen to their amendments. Also, list out everything you want to divide and try to be fair and just
- Writing the will: three categories of testaments exist depending on the nature of your will and the wishes of the estate division. A simple will is when the candidates come from your nuclear family. A complex will is formulated if your marital or family status is different than usual. Lastly, if you want to donate some of your property to trusts, a specialist will along with tax planning under consideration.
Evaluating the assets
In this process, you are to calculate how much you own including cash and material estate. The Islamic inheritance calculator can help calculate the number of shares in no time. If the estate surpasses a set amount you need to consider strategies that avoid tax. Some of these are:
- Inter vivas; it is to be incorporated if formulated seven years or more before one’s death
- Donating one-third of a large asset to charities. Many countries do not ask for taxes on charities and donations
The need for a solicitor
Making a will is a personal choice and you can definitely do it on your own. But to make sure it follows the legal acts and statements, professional help is beneficial. Some of the points to remember are:
- The writer must be over 18 years of age
- He/she must be in the right mental state
- To be legal, a will must be in a written format
- If you re-structure your will, you need to mention the most updated and final version
- For a will to be functional, it must be signed in the presence of two witnesses who are neither your husband/wife nor a legal facilitator. These two witnesses must attest to the will as well
Your final moments
Your will should include your burial instructions and it must be following Islamic laws. This section includes who is not allowed to see or touch your dead body, where you want to be buried, etc.
Dividing the asset
You are the master of your will and can give anyone whatever you want but some things must be kept in view.
- The family must be given a fair and legal share and can always exclude distant relatives
- A residuary clause deal must be mentioned in the will that talks about the estate in the absence of any surviving relative
Your will must include at least 4 people who are given the task of executing the will as per your wish. These people can be lawyers but if you don’t want to pay someone, friends and family will also do.
The people you trust must be there when you are writing a will as your witnesses. These cannot be your beneficiaries or spouses. According to a sharia-compliant will, one man’s witness is equal to two women’s statements. It is important to note that any of your inheritors are not supposed to be your witness.
Your will must be up-to-date
A will’s validity can be affected by multiple minor or major factors including marital and family status. You must review your will every now and then in case you want to make any changes. If a major change is required, a new will must be written. In the case of minor changes, a Codicil is sufficient. A codicil is when you add or remove something minor from an existing will. But never do it by crossing anything out in the written format, otherwise, the will becomes illegal.
Sections of an Islamic will
According to the hadith on will in Islam, it must contain the following sections:
- Your testimony
- Your debts and from whom should they be collected if you fail to pay them before death
- If someone has kept his/her things with you, who shall collect it
- Sadaqah or donation in the name of ALLAH (it must not be more than 1/3rd of the total estate
- Final signatures and dates
- Amendments, only if required along with signatures and dates
For a detailed guide, you can utilize the Islamic will template USA Islamic will 1/3.
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